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“江苏德高”败诉:傍名牌被判不正当竞争

De Gao DAVCO - Protecting Our Brand Integrity

As the legitimate rights holder of the "De Gao DAVCO" trademark series, we have been committed to providing consumers with high-quality building materials products and services for a long time.

In recent years, we have found that some infringing entities, represented by Lu Mengren, have maliciously registered "Jiangsu De Gao Enterprise Management Co., Ltd." (hereinafter referred to as "Jiangsu De Gao Company") while knowing the high popularity of the "De Gao" brand. There are a large number of inappropriate behaviors such as "free-riding" and attaching to the reputation of "De Gao" in their daily promotional activities.

Actually, Jiangsu De Gao is not a genuine De Gao product; it is a counterfeit山寨 product.

Infringing Product
Infringing Product

Infringing Product

Brand Piracy and Free Riding are Clearly Defined

In response to the behavior of Lu Mengren and Jiangsu De Gao Company, we filed a lawsuit with the court in 2017. After the trial of the Nanjing Intermediate People's Court and the Jiangsu High People's Court, it has been confirmed that their behavior constitutes unfair competition.

The court's judgment has been made

1. Lu Mengren and Jiangsu De Gao Company shall stop false publicity, confusion, and other unfair competition behaviors;

2. Jiangsu De Gao Company is required to change its enterprise name within the specified time and may not use "De Gao" or similar names;

3. Lu Mengren and Jiangsu De Gao Company shall compensate us 500,000 yuan!

Civil Judgment Book

(2020)Su Min Zhong 194 Civil Judgment Book

Lu Mengren has refused to comply with the effective judgment of the court and has been listed as a person of default and restricted in consumption!

Although the judgment has been in effect for a long time, Lu Mengren and Jiangsu De Gao Company have not fully fulfilled the legal obligations determined by the judgment.

Non-compliance with a valid legal document determined by the court, the behavior has suspected of refusing to execute a judgment or decision crime, we reserve the right to investigate their criminal liability.

Criminal Liability

In addition, in 2022, the Yuhuatai District Market Supervision Bureau of Nanjing City also made an administrative penalty against Nanjing Hanbang Enterprise Management Co., Ltd. controlled by Lu Mengren (Yi Shijian Zhi Chufa [2022] 70160), identifying its behavior as "misleading confusion," imposing a fine of 800,000 yuan and confiscating infringing products.

Administrative Penalty Decision
Administrative Penalty Decision
Administrative Penalty Decision

Yi Shijian Zhi Chufa [2022] 70160 Administrative Penalty Decision

Information Collection, Jointly Maintain the Authentic Market

At present, the infringing party is still trying to conceal its operations and evade legal liability. In order to combat illegal activities and clean up the regional market, we publicly collect the following information: new stores, warehouses, or production sites of Lu Mengren and its affiliated companies in Nanjing; clues to hidden properties such as real estate, vehicles, and bank accounts; and recent engineering projects or cooperation dynamics.

If you have any relevant information, please contact our legal department immediately:

Phone: 020 - 84411717 - 88365 (De Gao Legal Department)

Make sure to identify the official channels and authentic markings of De Gao (Guangzhou) Building Materials Co., Ltd., and do not purchase, sell, or act as an agent for the infringing products such as "Jiangsu De Gao," "De Shu," and "Wucheng" produced by Lu Mengren and its affiliated companies, in order to avoid economic losses and legal risks.

Authentic Markings

We will continue to坚决打击 all forms of infringement through legal channels to protect fair competition in the market and the rights and interests of consumers.

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