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September 4th, 2011 | By Olivia | News
From Netease: Translated by Echo
Content abstract: The condom manufacturer Jissbon was sued for posing as foreign brand to deceive customers. This case was tried in Guangzhou Tianhe People’s Court on Feb. 25th. Mr. Zhang, the plaintiff said that Jissbon claimed to be a UK brand while it was actually a domestic company that was registered by Wuhan Jissbon Health Products Co., Ltd in China. Mr. Zhang believes it is fraud and he demands a double refund of payment for Jissbon condoms he bought which is 46RMB in total, as well as the attorney’s fees amounting to 9315RMB.
Counterfeit goods crack down professionals: Wang Hai, Xu Dajiang outside Guangzhou Tianhe People’s Court
The plaintiff: Jissbon is a trademark from Wuhan
Mr. Zhang claimed in the statement of complaint that he bought a box of Jissbon condoms on Aug. 27th, 2008 in a branch store of Watson located in Tianhe District, Guangzhou. The package of the condom indicated that “This product is authorized by JISSBON(UK) GLOBAL COMPANY LIMITED, manufactured by SURETEX LIMITED (Thailand)”.
Mr. Zhang said that he bought Jissbon only because it claimss to be a UK brand. But later he found out on the website of Trademark Office under the State Administration for Industry and Commerce (PRC) that Jissbon was a China trademark registered in Apr. 20th, 1998 by Wuhan Jissbon Health Products Co., Ltd.
Mr. Zhang thought that as a Chinese company registered in China, the products of Jissbon should be authorized by Wuhan Jissbon Health Products Co., Ltd instead of JISSBON(UK) GLOBAL COMPANY LIMITED. Mr. Zhang considered this practice of Jissbon company a new method of deception that misleads customers to think Jissbon is a British brand.
Considering the fact that Jissbon company was deliberately concealing the identity of trademark holders to cheat customers, Mr. Zhang appealed to the court in the statement of complaint to put forward a judicial proposal to the trade mark office for the revocation of the registered trademark of Jissbon.
The defendant: Jissbon had been registered in several countries
Wuhan Jissbon company responded to the claim, explaining that Jissbon had been registered in several countries over the world. The trademark of the products involved was registered under the name JISSBON(UK) and it had been officially registered in the UK. It is a mistake of common sense for the plaintiff to assert that Jissbon is a Chinese brand because of its related trademark’s registering in China.
Wuhan Jissbon company also claimed that it had never advertised its products under the UK brand. Therefore, the plaintiff’s statement could not be established.
Before this event, Jissbon company made a statement that Jissbon registered the trademark of “Jieshibang (in Chinese), Jissbon” both in China and UK in the year 1998 to in order to tartget the European and American market. The Jissbon condoms sold in China are also applied for Medical Devices Import Registration Certificate from the State Food and Drug Administration (SFDA) by the UK company..
Counterfeit goods crack down professional: Wang Hai:
Jissbon sets up dummy corporation company to create a false impression
It is reported that agents of the plaintiff of this case are two well-known counterfeit goods crack down professionals named Wang Hai and Xu Dajiang.
Through investigation, Wang Hai found out that the brand JISSBON was registered in China in 1998 and held by Wuhan Jissbon Health Products Co., Ltd, while JISSBON(UK) was registered on July 3rd, 2002 by a agent company in Hong Kong.
Soon after, Wang Hai also found out that the stockholders of JISSBON(UK) are two Chinese people with the registered capital of ￡1000. Besides, the tax record of this company in recent years was empty. For these reasons, Wang Hai thinks that JISSBON(UK) is a dummy corporation which cheats SFDA of Medical Devices Import Registration Certificate, and then replaces ISSBON with JISSBON(UK) to mislead customers to think it as a UK brand.
Sources: Guangzhou Daily, Yangcheng Evening News, Chongqing Evening News)
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