DeHeng Successfully Represented Lianhua Health in

Its First Rights Protection Case after Reorganization

2020-08-27

Lianhua Health Group Co., Ltd. ("Lianhua Health") has filed a lawsuit against one Lianhua Food Company in Henan and others (the "defendant") over copyright infringement and unfair competition. The case has lasted for more than ten years, and is very complicated. In April 2020, after receiving the mandate from Lianhua Health, DeHeng quickly organized a team to collect evidence and determine the litigation plan. The case was filed in June 2020, and the recently-issued first-instance verdict ordered the defendant to immediately stop the infringement, change its enterprise name and compensate the plaintiff for economic losses. It marked an initial victory for the plaintiff.

The defendant registered "Lianhua" as its enterprise name without permission, and mass-produced and sold MSG products similar in packaging and decoration to Lianhua Health's "Lianhua" MSG for more than ten years, imitating and counterfeiting the latter's brand for years. The defendant claimed that its use of "Lianhua" was due to early corporate restructuring and was authorized. However, the defendant was established in 2003 when the well-known trademark   had been transferred to Lianhua Health whose permission it did not have. Therefore the defendant's claim is groundless and not supported by the court.

DeHeng's partner Huang Min and lawyer Wang Yongfang represented Lianhua Health in the court. After this case was heard in court, DeHeng's leading lawyers communicated with the court over the case details professionally, and received great attention from the trial court. The court issued the first-instance verdict within three months after the case was filed. The defendant was ordered to immediately stop using packaging and decoration similar to Lianhua Health's "Lianhua" brand MSG; immediately stop using the company name with "Lianhua" in it, and change its company name within 30 days after the verdict is effective, and the new company name must not contain "Lianhua" or similar characters. DeHeng lawyers' main demands were supported, and their professionalism was highly recognized by the client.

As the first rights protection lawsuit since Lianhua Health's reorganization, this case has an entangled history, involves many stakeholders, and has a mssive impact, making it a typical case of great significance. In the past 20-plus years since its inception, Lianhua Health has gone through ups and downs in cultivating a national brand. The winning of this case will mark the beginning of their rights protection journey.

Intellectual property protection has a long way to go, and DeHeng lawyers are willing to use their expertise to help Lianhua Health and more companies safeguard their rights and pursue corporate development with legal weapons.