With the award of a third landmark ruling in the Shanghai No. 2 Intermediate People’s Court of China in 2012, Rotork again successfully defended its internationally recognised trademarks.
In that judgement, Shanghai Rotork Automation Instrumentation Co. Ltd. and Rotork Actuator Co. Ltd. (based in Zhejiang) were found to have infringed Rotork’s English and Chinese trademarks by using the name Rotork either in English or Chinese on products and in advertising for goods, not covered by their China registered trademark, in so doing creating a misleading and undesirable influence in the market for Rotork’s electric actuator products.
In addition to ceasing these activities, the defendants were ordered to pay a total of 2 million RMB in damages, which is four times the maximum statutory damages figure. The defendants were also ordered to publish a declaration in the international valve industry magazine Valve World to eliminate the undesirable influence created by their infringements.
The defendants lodged an appeal against the judgment to the Shanghai Higher People’s Court, which has now upheld all aspects of the trial court’s decision and ordered the defendants to stop the infringement of Rotork’s trademarks, publish the declaration in Valve World and pay the damages.