Important Statement of Japan Matsushia Co.

Japan Matsushia Co. eventually won the case of “Hong Kong Panasonic”, and the case has been listed among top ten unfair competition typical cases since implementation of Law Against Unfair Competition ten years ago.

Matsushia Electric Industrial Co. Ltd. (hereinafter referred to as Matsushia Co.) is a large-scale multinational corporation with headquarter in Japan. For ages, Matsushia Co. has been using the trademarks Panasonic and National in designing, manufacturing, and marketing electric, electronic and other electric appliances worldwide, including China mainland and Hong Kong Special Administrative Zone(hereinafter referred to as Hong Kong), while the sign of Panasonic(in the Chinese-speaking countries and regions has been widely used as part of corporate name.

The trademarks “Panasonic” and “松下” have been registered on many classes of goods all over the world, including Chinese-speaking countries and regions. Thanks to superior quality, excellent marketing achievements, and effective advertising, “Panasonic ” and “松下” have been considered exclusively belong to Matsushia Co. all over the world, especially in China. In addition, “Panasonic ” and “松下” have been chosen as key trademark to protect by related departments of China.

During 2001-2002, Guangdong Shunde Qi An Te Electric Oven Corporation(hereinafter referred to as Qi An Te) marked, in the prominently places, “香港松下电器”,”Paretionic” representations and “HK Panasonic Appliances Int’l Group Limited”, “香港松下电器国际集团有限公司” on the geysers, gas ranges, range hoods and other household electric appliances, obviously inclined to mislead the public. However, “HK Panasonic Appliances Int’l Group Limited”/ “香港松下電器國際集團有限公司” （hereinafter referred to as the Hong Kong Corporation）actually is founded by the proprietor and/or relevant persons in Hong Kong, and pretended to authorize Qi An Te to use “Panasonic ” and “松下”. It't found out that Hong Kong Corporation was a fly-by-night corporation, and it has no business or operations in Hong Kong. The aim of founding the corporation is to go in for unfair competition and infringing by taking advantage of legal vacuum between territorialities,

After Matsushia Co. reported the above case to relevant departments, Chinese administrations for industry and commerce found the act using without authorization the trademark of Matsushia Co. in the corporate name and trademark constitutes unfair competition.

With the assistance of Matsushia Co., relevant departments ferreted out large quantities of infringing products, and ordered the infringer to suspend infringing act immediately, and destroyed related products and materials, etc.

The infringer’s intentionally using “Paretionic ” or “香港松下电器” as its corporate name/trademark constitutes act of “imitating famous brand” , stipulated in Hong Kong common law. Matsushia Co. filed an action against the Hong Kong Corporation and its directors/share-holders before Hong Kong higher court on April 16, 2002, and successfully obtained permanent injunction of prohibiting the Hong Kong Corporation and its directors/share-holders from conducting illegal acts in China or other places using the said corporate name, trademark. In addition, Hong Kong court ordered the Hong Kong Corporation and its directors and share-holders to compensate damages and litigation fees.

Thanks to unremitting efforts of Matsushia Co. and stern crackdown of relevant departments, Qi An Te had to go through cancellation procedure with the administrations for industry and commerce in mainland on August 28, 2002. , and the Hong Kong Corporation was ordered to dissolve. by competent authorities of Hong Kong on October 11, 2002.

Matsushia Co. appreciates the relevant departments of Chinese government for their active reaction and support. With increase of similar cases in China mainland and other regions of China, including Hong Kong, “Hong Kong case“ has been regarded as one of top ten typical unfair competition cases from implementation of Law Against Unfair Competition by the Chinese law enforcement departments.

Matsushia Co. hereby announce: in case it’s found anyone, in anywhere, using representations identical or similar to “Panasonic”, “national’ and/or “松下”, we would take stern measures, including but not limited to request the law enforcement departments to investigate and prosecute, or file an action in people’s court, requesting for injunction, sealing up, bearing compensation and litigation, etc.

Matsushia Co. further announces: Matsushia Co. will cooperate further with relevant departments in China and Hong Kong Special Administrative Zone, and take all necessary measures to eliminate infringing acts upon intellectual property right, to protect interest of consumers, and to safeguard superior international image and goodwill of Matsushia Co.

Matsushia Electric Industrial Co. Ltd.
March 13, 2004.

(From China Industry and Commerce News)