Danfoss Won A Final Victory on “Valve” Trademark Infringement Case

October 13, 2009

After a legal process lasting more than one year, Danfoss won a final victory and the Beijing High People’s Court issued a final ruling that Yueqing Coolwork Refrigeration Equipment Co., Ltd must stop all infringing activities and provide Danfoss compensation.

In 2007, Danfoss discovered the marketing of a fake thermal expansion valve with the same “Danfoss” trademark in a prominent position on the valve and printed information which stated the product was “made in Denmark.” Further investigation revealed that this product was produced by Zhejiang Yueqing Coolwork Refrigeration Equipment Co., Ltd without the permission of Danfoss. Despite the trademark of “Danfoss”, the outer packaging, advertising brochure, and sellers’ name cards of the products all clearly indicated they were produced by Zhejiang.

In November of 2008, Danfoss filed a suit against this company in the Beijing Second Intermediate People’s Court, asking for the court to order Zhejiang to cease all infringement activities and provide Danfoss compensation.

The first judgment was reached in April 2009, ruling that it was infringing the private right of Danfoss’ registered trademark by using the same trademark as “Danfoss” in the thermal expansion valve without the permission of Danfoss. The judgment also included a ruling that the defendant stop infringing activities and pay compensation more than 200,000 Yuan for related damage and case-related costs to Danfoss.

In July 2009, Yueqing Coolwork Refrigeration Equipment Co., Ltd appealed to Beijing High People’s Court. On September 2, Beijing High People’s Court rejected the appeal and sustained the original judgment.