How to deal with trademark infringement disputes
Trademark infringement cases may be under the jurisdiction of the People's Court of the place where the infringement occurred or where the infringer is located. In this regard, the infringed party can freely choose the place where the infringement occurred or the people's court where the infringer is located to file a lawsuit. At the same time, due to the complexity of trademark infringement cases, the Supreme People's Court currently designates the Intermediate People's Court to have jurisdiction.
The People's Court generally handles trademark infringement cases in civil method of sanctions. Based on the infringed party's right to claim for prohibition, claim for loss compensation, claim for return of improper benefits, and claim for restoration of reputation, the people's court may adopt the following methods individually or in combination:
1. Order the infringer to stop immediately infringement. You can destroy items that constitute infringement, dismantle equipment used in infringement, and invite tools, templates, etc. that are directly used in infringement;
2. Eliminate the impact and restore the reputation of the infringed party, such as ordering the infringed party to publish an apology statement in newspapers and magazines to restore the business reputation of the infringed party;
3. Compensate the infringed party for the losses. The amount of compensation is calculated based on the amount gained by the infringer due to the infringement during the infringement period. Profits or losses suffered by the infringed party due to the infringement during the infringement period. In addition, the infringer should also compensate the infringer for the expenses incurred by the infringed party in investigating, collecting evidence, and hiring litigation or non-litigation agents;
4. In addition to the above main methods, the people's court can also take measures such as admonishment, ordering repentance, confiscation of illegal gains, fines or detention.
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