Beijing Haidian District Qihang Examination Training School (“Beijing Qihang School”), a well-known institution that provides training for postgraduate entrance exams, engaged Zhong Lun to file an unfair competition lawsuit against entities including Hangzhou Longjin Vocational School (“Hangzhou Longjin School”) to safeguard its lawful rights and interests with respect to the trade name “Qihang”. Represented by Zhong Lun, Beijing Qihang School has won the case in both the first instance and second instance.
In the first instance, Beijing Chaoyang District People’s Court was persuaded by the opinions of Zhong Lun and awarded a judgment ruling that “Qihang” is the trade name and an unregistered trademark of Beijing Qihang School. Through long-term use, “Qihang” has gained a high level of recognition and influence in the field of postgraduate entrance exam training, which makes the trade name fall within the lawful rights and interests protected by Article 6 of the Anti-Unfair Competition Law. The judgement continues that Hangzhou Longjin School’s use of “Qihang” and “Qihang School” in its postgraduate entrance exam training services constituted unfair competition, and it should bear legal responsibilities such as ceasing infringement, compensating for losses, and eliminating the adverse effects. Hangzhou Longjin School appealed the first instance judgment before Beijing Intellectual Property Court. The court recently issued a second instance judgment, dismissing the appeal and upholding the first instance judgment. This final decision gave Beijing Qihang School its definitive victory in the legal wrangling regarding the trade name “Qihang”.
The final judgment confirms that Beijing Qihang School enjoys the lawful rights and interests protected by Article 6 of the Anti-Unfair Competition Law in relation to the trade name and unregistered trademark “Qihang” in postgraduate entrance exam training. This favorable outcome may further boost the brand protection and business development efforts of Beijing Qihang School. In bagging this final win, Zhong Lun demonstrated outstanding capabilities in handling unfair competition litigation, especially for trade names with certain influence and unregistered trademarks.
Zhong Lun partner Bisheng Shi and associates Rukai Mi and Lingbo Xiao provided full-suite legal services throughout the proceedings of this case.