TWD1 million monetary damages awarded to Kosé Corporation in patent infringement case

E180116Y1 Feb. 2018(E219)

 In 2016, Kosé Corporation (“Kosé”) found its Taiwanese design patent under Reg. No. D139201 for packaging container infringed by True Love Enternity Company (hereinafter “True Love Company”) by a cosmetic product sold under the designation of HANROON Firming Instant-Shaped Cream (hereinafter the “product in dispute”).  In September 2016, Kosé issued the second letter to demand True Love Company’s cease in infringement.  True Love Company, however, not only ignored Kosé’s demand but also continued selling the product in dispute on the Internet, for which Kosé filed a complaint against True Love Company over the suspected infringement. 

 As asserted by True Love Company, in the Hong Kong Cosmetics Exhibition in November 2015, they found the packaging container with diamond check design being widely used for cosmetics products without any patent labeling thereon in China and Hong Kong.  True Love Company also conducted a check on the Internet and market to make sure that such packaging container with diamond check design had not been duly registered as a patented one.  In this regard, True Love Company purchased such packaging container from Chinese factory on March 10, 2016.  Unexpectedly, however, in September of the same year, True Love Company received Kosé’s attorney’s letter, which caused True Love Company to immediately seek a re-confirmation with the said Chinese factory and was assured of the fact that the packaging container was not patented.  They also entrusted patent infringement analysis to a local patent office and no conclusion of infringement was made.  Besides, True Love Company also stopped selling the product in dispute after Kosé had filed a complaint.  True Love Company does not hold the intent to commit the alleged patent infringement. 

 The Taiwan IP Court sustained True Company Company’s infringement upon the No. D139201 patent by the packaging container of the product in dispute and affirmed that True Love Company has negligence as opposed to the high degree of care and attention True Love Company, as a competitor of Kosé in the same industry, should have exercised to the relevant information of the products made and sold by and among the same industry.

 Therefore, as requested in the IP Court judgment, True Love Company should be enjoined from making and selling any article infringing the Taiwanese design patent under Reg. No. D139201 for “packaging container” and should also recall and destroy the finished and semi-finished products and mould of the said packaging container for the product in dispute.  Moreover, True Love Company and its responsible person should severally and jointly pay TWD1 million to Kosé as damages. This case is appealable.  (January 2018)
/CCS

TIPLO ECARD Fireshot Video TIPLOBrochure_English TIPLO News Channel TIPLO TOUR 7th FIoor TIPLO TOUR 15th FIoor