Pfizer Suing Guangzhou Welman and Other Companies for Trademark Infringement and Claiming Damages of 1 Million RMB
November 30, 2006After obtaining a favorable judgment on its Viagra patent case in June, Pfizer Pharmaceuticals Limited sued four companies, including Guangzhou Welman Pharmaceutical Company, for trademark infringement. In the morning of November 16, 2006, Beijing No. 1 Intermediate People’s Court held a court hearing to handle this case.
In the court, Pfizer argued that the defendants infringed Pfizer’s rights because that blue rhombic 3D trademarks of “偉哥” pills sold by the defendants are extremely similar to Pfizer’s registered 3D mark. Pfizer asked the defendants to stop the infringement conducts and requested for a compensation of 1,000,000 RMB. However, Guangzhou Welman claimed that the Chinese “Viagra” pills are in compass shape and light green color, that the Chinese characters “偉哥” are added specifically on the pills such that ordinary consumers are able to tell the difference, and therefore there is no infringement. In the court proceeding, both parties brought their anti-ED medicines. No judgment was made by the judges at the court.
In the court, Pfizer argued that the defendants infringed Pfizer’s rights because that blue rhombic 3D trademarks of “偉哥” pills sold by the defendants are extremely similar to Pfizer’s registered 3D mark. Pfizer asked the defendants to stop the infringement conducts and requested for a compensation of 1,000,000 RMB. However, Guangzhou Welman claimed that the Chinese “Viagra” pills are in compass shape and light green color, that the Chinese characters “偉哥” are added specifically on the pills such that ordinary consumers are able to tell the difference, and therefore there is no infringement. In the court proceeding, both parties brought their anti-ED medicines. No judgment was made by the judges at the court.
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