Unitalen represents Suntech to win a complete victory for the trademark infringement and unfair competition case

September 5, 2008

The appeal brought by the appellant, Zhejiang Jiaxing Suntech Technology Co., Ltd (Jiaxing Suntech) against the appellee Jiangsu Wuxi Suntech Power Co., Ltd (Suntech Power) was concluded by Changsha Intermediate People’s Court on September 3, 2008. The court dismissed the appeal and sustained the first-instance ruling by ordering the appellant to pay the appellee RMB 300,000 in damages. The court also ordered the appellant to bear the court acceptance fee RMB 8,800. “Suntech” trademark infringement and unfair competition case represented by Unitalen Lawyer Liang Yong won a complete victory.

Established in 2001, Suntech Power is a worldwide leader in the design and manufacture of innovative solar energy solutions which provides a wide variety of products from solar batteries to solar street lights. In December 2005, Suntech Power was successfully listed on New York Stock Exchange. On March 17, 2004, Suntech registered the trademark of “尚德(Suntech in Chinese)” in Class 11, which has enjoyed high reputation through long-term and extensive use and promotion.

In March 2007, Suntech Power became aware that Jiaxing Suntech produced and sold solar energy streetlights which fall in the same Class with Suntech Power’s products and it further registered “尚德(Suntech in Chinese)” as its corporate name.

In December 2007, Suntech Power authorized Unitalen to institute a lawsuit of trademark infringement and unfair competition before Changsha City Tianxin District People’s Court. Tianxin District court ruled that Jiaxing Suntech’s activities had infringed Suntech Power’s trademark right and had constituted unfair competition. The court ordered Jiaxing Suntech to pay Suntech Power RMB 300,000 in damages. Jiaxing Suntech appealed against the first-instance decision before Changsha Municipal Intermediate People’s Court. Through the lawyer’s efforts, the appellate court sustained the first-instance decision. Thus, Suntech Power finally won a favorable result for its trademark right protection.