Guarding the Right to Use a Registered Trademark to Save Cummins Success

Cummins has won a crucial victory on the road to protecting human rights in accordance with law. The "Shandong Cummins Generator Co., Ltd." illegally using the Cummins brand name was found to have infringed Cummins' exclusive right to use registered trademarks and unfair competition.

After the conclusion of the first-instance judgment, the defendant Shandong Cummins Generator Co., Ltd. waived the appeal and renamed the company as “Shandong Portsman Generator Co., Ltd.” within the time limit required by the judgment, and stopped using the registered trademark of “Cummins”. The company’s website removed the previous improper propaganda and compensated Cummins Inc. for financial losses based on the verdict. The company has stopped using the name of the company with the names "Cummins", "Cummins" and "Cumins" within the specified time.

This decision has a benchmark significance for enterprises to safeguard their rights in accordance with the law. While protecting the legitimate rights and interests of enterprises, it also creates a good environment for the general public to choose and use genuine brand products with ease.

As we all know, "Cummins" and "Cummins" are registered trademarks of Cummins Inc. and are protected by the "PRC Trademark Law." The Shandong Cummins Generator Co., Ltd., which was established in 2009, has registered Cummins as its own company name since its establishment, and has been prominent in its products, trading documents, business cards, and websites without justified reasons. Use, to the user to choose genuine Cummins products caused great trouble. This behavior not only infringed on Cummins Co., Ltd.'s exclusive right to use registered trademarks, constituted unfair competition, and seriously damaged Cummins’s legitimate rights and brand image, but also caused confusion to the market and users in the name of the brand, which seriously affected consumer rights and interests. This decision also reflects the determination and strength of law enforcement agencies to protect the rights of enterprises and sellers.

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