In an unprecedented court ruling in Shanghai, Swedish brand Foreo received 3 million RMB (approximately US$ 426,318) in compensation for the production of illegal fakes of one of its products. This is considered the largest counterfeit-related payout for design infringement in Shanghai Intellectual Property Court history according to public data.
According to the company, the ruling comes after a two-year intellectual property judicial process and a 12-month trial in which the Chinese company Kingdom Zhuhai Company was found guilty of infringing Foreo’s LUNA design patent with its product KD308.
The court ruled that it was a counterfeiting case despite some differences between the products, such as an additional bulge and wavy lines in the KD308, which were considered “deliberate.
In addition, the defendant was sued for having obtained a benefit of more than 35 million yen thanks to the sale of the infringing product in online stores, mainly through the Alibaba and Tianmao platforms.
“Given that IP protection is a relatively new concept in China, not to be confused with patent law which was created in 1984, we are seeing major progress on IP protection over the past years and this case bucks the trend,” said in a statement Foreo’s Global Legal Director, Kelsay Tang.
Foreo is considered nowadays as the most counterfeit technological cosmetic brand around the world and has a team working against counterfeiting in China, in addition to several external agencies specializing in infringements related to trademarks and specialized legal teams in these cases.