Recognition of Accused Shareholder Joint Liability! Second-Instance Victory in Trademark Infringement Case for U.S. Client Successfully Overturns Ruling, Holding Accused Shareholder Jointly Liable for 4 Million RMB in Damage
来源:本站 时间:2025-09-01 浏览:3
On August 29, 2025, the second-instance judgment was issued by the Guangzhou Intellectual Property Court in the trademark infringement case filed by our firm's U.S. client against XX New Retail (Guangzhou) Co., Ltd., Mr. Wu XX, etc. Case No.: (2024) Yue 73 Min Zhong 758.
In the first-instance trial, the court held that Mr. Wu XX, as the legal representative of the company, acted within the scope of his normal official duties during business operations, and there was no evidence proving his personal direct involvement in the infringing acts. Consequently, the first-instance judgment ruled that Mr. Wu XX was not liable for infringement.
During the second-instance proceedings, our firm maintained our original claims, actively petitioned the court to affirm the facts established in a related prior administrative complaint, and successfully obtained critical evidence through repeated communication and coordination with the court and the Administration for Market Regulation. Ultimately, the second-instance court adopted our arguments, determining that Mr. Wu XX, despite being aware that the products in question were counterfeit infringing products, continued to engage in related business activities in the company's name. The court found that he and the company shared a common subjective fault, which constituted actions beyond normal official duties. The second-instance court therefore overturned the prior ruling and held shareholder Mr. Wu XX jointly and severally liable for damages amounting to 4 million RMB!