Grohe Joint-Stock Co. v. Zhejiang Jianlong Sanitary Ware Co., Ltd.
China Supreme People’s Court
Guiding Case No. 85 (2017)
- Written by Eric Miller, JD
Facts
Grohe Joint-Stock Company (Grohe) (plaintiff) held a design patent on a handheld shower nozzle. Grohe brought an infringement action against Zhejiang Jianlong Sanitary Ware Co., Ltd., also known as Gllon Company (Gllon) (defendant), over sales of an allegedly infringing product. The Taizhou City Intermediate People’s Court dismissed Grohe’s claims. Grohe appealed to the Zhejiang Province Higher People’s Court, which reversed and delivered a finding of infringement by Gllon on the basis of similarity between the track-shaped drainage surface found in both Grohe’s patented design and Gllon’s product. However, the record reflected differences between the patented design and the Gllon product with regard to other features. Gllon appealed to the China Supreme People’s Court.
Rule of Law
Issue
Holding and Reasoning (Zhou, Qian, Luo, J.J.)
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