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Currently, the case is still in the appeal period.

Brief introduction to the case

Shell logo

Shell products

The plaintiff, Shell International Company, is the world's leading oil and energy company and is responsible for applying , register, hold and manage all trademarks of the Shell Group. The second plaintiff, Shell China Company, was established in Beijing in 1996 and is responsible for the Shell Group's business in China. The first plaintiff authorized the second plaintiff to use the "Shell" related trademarks.

The second plaintiff claimed: The plaintiff owns trademarks such as "SHELL", "SHELL", "HEINEKEN" and "HELIX" on the fourth category of "lubricants and lubricants". Lubricant products enjoy a high reputation and also constitute the unique packaging and decoration of well-known products.

Defendants No. 1 Beike Company, Defendant No. 2 Jianchi Company, Defendant San’an Netchi Co., Ltd., Defendant No. 4 Wang, and Defendant No. 5 Song did not have the permission of the trademark registrant to produce and sell goods together. Lubricating oil products that infringe the plaintiff’s trademark rights.

Legal Analysis

Issues of legal application in this case

"Trademark Law of the People's Republic of China" on April 23, 2019 (Trademark Law for short) The fourth revision was made and came into effect on November 1, 2019. Regarding the issue of the application of old and new laws, Article 9 of the "Interpretation of the Supreme People's Court on the Jurisdiction of Trademark Cases and the Application of Laws after the Implementation of the Trademark Law Amendment Decision" stipulates that "Involving conduct that occurred before the implementation of the decision and continued after the implementation of the decision , the provisions of the revised Trademark Law shall apply.”

The fourth defendant Wang and the fifth defendant Song are husband and wife. They invested in the establishment of the defendant San’an Netsch Company and served as the legal representative and supervisor respectively. . At the same time, the fourth defendant, Wang, is the legal representative of the first defendant, Beike Company, and the legal representative and shareholder of the second defendant, Jianchi Company. The fifth defendant, Song, is a shareholder holding 90% of the shares of the defendant No. 1 Beike Company.

In addition, defendants San'an Netschi and defendant Wu Song provided accounts to collect payments, and defendant three registered a trademark similar to the plaintiff's trademark and licensed other defendants to use it, which constituted helping to produce and sell the goods. Therefore, the third, fourth and fifth defendants shall be jointly and severally liable with the first and second defendants for infringement of trademark rights on lubricant products.