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German court ruling demands ending of Wangzhihe trademark piracy
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20:54, April 23, 2009

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A local court in Munich of Germany gave a ruling on Thursday which orders Okai, a German food import and export company, to stop pirating of trademark of Wangzihe, a renowned Chinese food brand.

This is the second ruling of the Wangzhihe trademark infringement case. A judge at the Bavarian Supreme Court in Munich announced the ruling in the morning at Hall Six of the court.

The court also demands that Okai should withdraw the Wangzhihe trademark and logos that the company had registered at the German trademark registration authorities.

Reading of the ruling took merely around five minutes. There was no argument or oral defense at the court. People from Okai and its lawyer did not show up at the court.

Dr. Wolfgang Festl-Wietek, lawyer for Wangzhihe Food Group Company, said the ruling was the final verdict, and the possibility to appeal to the federal supreme court by Okai was "very small".

"This is a victory for Wangzhihe because Okai loses its trademark, in addition, it has to stop the use of the trademark," Festl-Wietek told Xinhua after the ruling was read.

According to German judicial practice, for the Wangzhihe trademark piracy case, the second ruling is the final one, the case could be appealed to the federal court only if the defendant tables lawsuit reasons other than trademark piracy.

In 2006, the Wangzhihe Food Group Company found its "Wangzhihe" trademark and logos were pirated by Okai when it intended to apply for registration at the German trademark registration administration.

In January 2007, Wangzhihe filed a lawsuit against Okai to a local court in Munich over trademark piracy. In November 2007, the first ruling by the court ordered Okai to stop pirating, which some media dubbed as the first case for Chinese company has ever won in protecting intellectual property rights overseas.

Source: Xinhua



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