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War for auto logo ends
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The rights of designer Lu Shunping's industry design for auto logo are now protected. In the verdict made by Beijing High People's Court, State Intellectual Property Office (SIPO)'s evidence for null patent rights was deficient. Therefore, the 7 years' war on auto logo finally ended, Lu Shunping gained back the auto logo.
Since 2003, Lu Shunping has disputes over the said auto logo with Beijing Hengtong Huatai Automobile Sales Co., Ltd (hereinafter referred to as "Hengtong Huatai"), Lu told reporters.
In 2003, Lu found Hengtong Huatai used the design as the enterprise's logo without his permission; the logo had been showed on outdoor advertisements, TV, Internet webs, newspaper and magazines, and upholstery for several times as advertizing factor for "Huatai．Modern" and "Terracan" sold by Hengtong Huatai. Consequently, Lu took a lawsuit against Hengtong Huatai for infringement.
Lu said it took him ten years to design the auto logo. Early on August 23, 2002, Lu applied industry design patent for the said design before SIPO and State Administration for Industry and Commerce (SAIC), and got the patent right for the industrial design in March 19, 2003.
On December 17, 2008, Beijing No.2 Intermediate People's Court made a verdict in which Lu was said to apply the patent on August 23, 2002, whereas, Hengtong Huatai claimed for prior design and offered the promotional brochure for the designed logo.
Trademark expert Dong Weihua believed that, judging by the verdict made by Beijing No.2 Intermediate People's Court, Lu Shunping applied first and Hengtong Huatai used first. On April 28, 2008, Patent Reexamination Board of SIPO judged the design by Lu Shunping was invalid as Hengtong Huatai had used the design on its promotional brochure before Lu's patent application.
Beijing Senior People's Court made a verdict on December 18 that, it was unreasonable to conclude that the promotional brochure was open to public. Thus, Lu Shunping resumed the right for the auto logo. [Chinese version is available on Xinhua]
Since 2003, Lu Shunping has disputes over the said auto logo with Beijing Hengtong Huatai Automobile Sales Co., Ltd (hereinafter referred to as "Hengtong Huatai"), Lu told reporters.
In 2003, Lu found Hengtong Huatai used the design as the enterprise's logo without his permission; the logo had been showed on outdoor advertisements, TV, Internet webs, newspaper and magazines, and upholstery for several times as advertizing factor for "Huatai．Modern" and "Terracan" sold by Hengtong Huatai. Consequently, Lu took a lawsuit against Hengtong Huatai for infringement.
Lu said it took him ten years to design the auto logo. Early on August 23, 2002, Lu applied industry design patent for the said design before SIPO and State Administration for Industry and Commerce (SAIC), and got the patent right for the industrial design in March 19, 2003.
On December 17, 2008, Beijing No.2 Intermediate People's Court made a verdict in which Lu was said to apply the patent on August 23, 2002, whereas, Hengtong Huatai claimed for prior design and offered the promotional brochure for the designed logo.
Trademark expert Dong Weihua believed that, judging by the verdict made by Beijing No.2 Intermediate People's Court, Lu Shunping applied first and Hengtong Huatai used first. On April 28, 2008, Patent Reexamination Board of SIPO judged the design by Lu Shunping was invalid as Hengtong Huatai had used the design on its promotional brochure before Lu's patent application.
Beijing Senior People's Court made a verdict on December 18 that, it was unreasonable to conclude that the promotional brochure was open to public. Thus, Lu Shunping resumed the right for the auto logo. [Chinese version is available on Xinhua]
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