Court grants preliminary injunction against Chinese company for trademark infringement

By Gabriel Neves | Nov 9, 2018

SAN FRANCISCO — A Singaporean company obtained a motion for a preliminary injunction against a Chinese company on claims of trademark infringement.

U.S. District Judge Edward Chen, on the bench of the U.S. District Court for the Northern District of California, issued a 12-page order on Oct. 30, issuing an injunction order in the lawsuit filed by SinCo Technologies against SinCo Electronics (Dongguan).

SinCo sued SinCo Electronics alleging that the China-based company violated trademarks by using SinCo's logo and name.

"SinCo Singapore initially allowed SinCo China to use its word mark and logo because SinCo China was 'a contract manufacturer for [SinCo Singapore’s] projects,'" the court ruling said.

However, "[t]he relationship between SinCo Singapore and SinCo China fell apart when the majority shareholder of SinCo China decided to sell his shares in SinCo China," it said.

Two former employees, Ng Cher Yong and Mark Liew, stated in the document that while they were "working for SinCo Singapore, they began to try to steal SinCo Singapore’s U.S. customers for SinCo China," and they continued "to try to steal customers after leaving SinCo Singapore’s employment."

SinCo China's new owner KOTL purchased property in the San Jose area, where Ng and Liew stayed during a trip to the U.S.

In his ruling, Judge Chen stated that "defendants, as well as those acting in concert with them, are barred from using the terms 'SinCo' or 'SinCoo' (including in any logo) to identity or otherwise describe themselves or their products or services. Defendants, in addition to those acting in concert with them, are permitted to use the term 'XingKe' (including in any logo) so long as they include a disclaimer that Defendants are not affiliated in any way with SinCo Singapore," blocking the China-based company from using the SinCo name.

Chen also ordered that SinCo China adopt both oral and written disclaimers regarding the trademark.

U.S. District Court for the Northern District of California Case number 3:17-cv-05517-EMC

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