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How to deal with the use of counterfeit and infringing products in the process of engineering construction
The court held that "Biaoyi" trademark is a registered trademark and should be protected by law. The industrial and commercial authorities have the legal authority to investigate and deal with illegal acts that infringe on the exclusive right to use registered trademarks. The plaintiff contracted the fire pipeline installation project of a building in Ningbo, and was designated to use the "Biaoyi" brand "200x- 16DN 150" pressure reducing valve produced by Shanghai Biaoyi Valve Co., Ltd., and the comprehensive contract price included the pressure reducing valve products. The plaintiff provided the pressure reducing valve while implementing the installation project, which belongs to mixed sales behavior. The defendant (industrial and commercial authority) accepted the report, filed an investigation, and entrusted Shanghai Biaoyi Valve Co., Ltd., the trademark registrant of Biaoyi, to identify the products involved, and its administrative actions were in compliance with the relevant provisions of the Administrative Punishment Law. Because the appraiser had no evidence to the contrary to overturn the appraisal conclusion of the trademark registrant, our court accepted the appraisal conclusion and concluded that the "Biaoji" pressure reducing valve provided by the plaintiff infringed the exclusive right of others to register a trademark ... The defendant's decision on administrative punishment against the plaintiff was in line with Article 53 of the Trademark Law of People's Republic of China (PRC) and Article 52 of the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC). Therefore, the court of first instance decided to reject the plaintiff's claim and maintain the punishment decision of the industrial and commercial department. The company did not appeal during the appeal period.