On April 25, the Henan High People’s Court released the white paper titled Judicial Protection of Intellectual Property Rights by Henan Courts (2023), summarizing the status of IP judicial protection across the province. Among the cases featured, the trademark infringement and unfair competition series represented by Sunshine IP Intellectual Property Services Group and Beijing Sanju Law Firm on behalf of Huizhou Huiyang He’s Cosmetics Co., Ltd. were included.
The white paper highlights the case: “In the dispute involving trademark infringement and unfair competition between a cosmetics company from Huiyang District, Huizhou, and a cosmetics company from Zhengzhou, along with Wei X, the defendants continued infringing even after the court issued a legally binding judgment. The infringement was intentional and evident, violating the principle of good faith. The appellate court applied punitive damages, setting a statutory compensation amount as the base, demonstrating the People’s Court’s firm resolve to severely punish infringement and uphold the principle of strict protection.” The company referenced as “a cosmetics company from Huiyang District, Huizhou” is Huizhou He’s Cosmetics Co., Ltd.
Huizhou He’s specializes in producing and selling personal deodorant products under the brand “He’s Fox Odor Net,” owning trademark rights for “He’s and Design,” which enjoys substantial recognition and influence in the industry.
In July 2022, Beijing Sanju Law Firm represented He’s Cosmetics in a second-instance trademark infringement appeal case, overturning an unfavorable first-instance ruling and securing RMB 500,000 in damages [(2022) Yu Zhi Min Zhong No. 571]. Despite the binding judgment, the infringer continued producing and selling counterfeit products by disguising their actions, compelling He’s Cosmetics to initiate another round of legal proceedings.
The new lawsuits, adjudicated by the Zhengzhou Intermediate People’s Court in the first instance [(2023) Yu 01 Zhi Min Chu No. 331] and the Henan High People’s Court in the second instance [(2023) Yu Zhi Min Zhong No. 120], determined that the defendants engaged in repeated and persistent infringements with severe misconduct and clear intent. The court applied punitive damages, awarding He’s Cosmetics a total of RMB 1,000,000.
At the white paper release, a spokesperson for the Henan High People’s Court emphasized the importance of strengthening judicial protection for trademarks, including well-known trademarks, traditional brands, and time-honored trademarks. The spokesperson highlighted efforts to crack down on counterfeit trademarks, reputation misappropriation, and malicious trademark registrations, noting these measures are critical to fostering brand development and supporting economic growth.
The comprehensive victory in He’s Cosmetics’ series of cases not only provided the company with substantial economic compensation but also effectively deterred further trademark infringement and unfair competition. The inclusion of this case in the official white paper reflects Henan’s commitment to strict IP protection, promoting innovation, and setting an example of best practices in intellectual property judicial protection.
