In order to fully demonstrate the achievements and effectiveness of the intellectual property adjudication by Jiangsu courts in serving and safeguarding the high-quality development of the economy and society, Jiangsu Courts have selected, from a vast number of judicial cases, the “50 Most Influential Cases of Intellectual Property Adjudication Serving and Safeguarding High-Quality Economic and Social Development (1995–2025).” The trademark infringement and unfair competition dispute case brought by New Balance against Shenzhen Xinpingheng Sports Goods Co., Ltd. (New Boom) and others, in which Lusheng Law Firm acted as counsel, has been honorably included.
Brief Introduction of the Case
New Balance Trading (China) Co., Ltd. (“New Balance China”) obtained, through lawful authorization, the non-exclusive right to use the “NEW BALANCE” and “ 
” trademarks within the territory of China, and adopted a trade dress design featuring the letter “N” on both sides of its footwear products. By establishing an overseas company, Zheng Mouzhong authorized Shenzhen Xinpingheng Company to manufacture on a large scale sports shoes bearing the “
” sign and using the letter “N” on both sides as trade dress, and to promote and sell such products both online and offline. Xin Niu Bai Lun Shoe Factory promoted and sold the accused infringing sports shoes through its Alibaba online store, publicly claiming to be the manufacturer of the accused infringing sports shoes. Bosdak Company was responsible for the research and development and production of the accused infringing sports shoes. The official website of Shenzhen Xinpingheng Company published a large number of articles that falsely publicized honors of New Balance sports shoes. On this basis, New Balance China filed a lawsuit with the Suzhou Intermediate People’s Court. During the litigation, upon application, the court lawfully issued an interlocutory injunction, but several defendants refused to comply with the effective ruling and, when the court served legal documents, threw the legal documents to the ground next to a police car in public. The court decided to impose fines ranging from RMB 100,000 to RMB 1,000,000 on several defendants. Upon trial, the court held that Shenzhen Xinpingheng Company, Xin Niu Bai Lun Shoe Factory, Bosdak Company and others had committed trademark infringement and unfair competition, and therefore fully upheld New Balance China’s claim for compensation in the amount of RMB 10 million.
Typical Significance
This case is the first in Jiangsu Province in which an injunction was issued involving the distinctive trade dress of a well-known commodity, and the first case in which an interlocutory injunction covered the entire chain from prohibiting production and sales to prohibiting false publicity. Subsequently, judicial fines were imposed on the respondents for their refusal to comply with the interlocutory injunction. In the substantive part, the court made a useful exploration in the refined calculation of the actual losses suffered by the right holder, and lawfully applied punitive damages, fully supporting the plaintiff’s claim of RMB 10 million. This case was also selected as one of the “Top 100 Excellent Judgments of Courts Nationwide (First Session),” one of the “Top 10 Intellectual Property Cases of Chinese Courts in 2018,” and one of the “Top 10 Typical Cases of Intellectual Property Judicial Protection by Jiangsu Courts in 2018.”
