A Case of Infringement Upon Exclusive Trademark Bight of "Funandan" of the US FMC Corporation

Facts of the CaseIn January 1996, the US FMC Corporation filed, through its Chinese Agent, an complaint with the Administration for Industry and Commerce of Zhabei District, Shanghai, accusing the Shanghai Agricultural Production Materials Company (SAPMC) of infringement of its exclusive right to use the "Funandan" trademark which FMC has registered in China according to law by selling pesticide bearing the passing-off "Funandan" trademark.     

A Case of Improperly Registered “Wansheng” Trademark

In September 1999, the Trademark Review and Adjudication Board of the China State Administration for Industry and Commerce (SAIC) made its final decision on revocation of the "Wangsheng" trademark: the ground for the revocation raised by Hitachi Maxell Ltd. (Hitachi) that the Shenzhen Hua Yuan Industrial (Group) Co., Ltd. (Hua Yuan) has registered, by improper means, the "Wansheng" trademark no. 592880 for Class 9 floppy and magnetic disks and no. 870819 for Class 9 battery are tenable and the trademark is revoked.     

On Limitation of Action against Acts of Continuous Infringement of Trademark Right

The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor‘s right to claim for damages for infringement. However,Article 18 of the Interpretation of Several Issues relating to Application of Law to Trial of Cases of Disputes over .