A company, which has the same trade name and almost the same business scope with one of Jinyi’s clients,  Wuxi Seamless Oil Pipe Co., Ltd.(WSP), filed a suit against WSP and required WSP to stop using the name Seamless. Jinyi lawyers acted as counsel for the respondent.

 

This case is unique in two aspects. First, as the plaintiff and the defendant have the same trade name and almost the same business scope, they compete with each other. Before the establishment of WSP, the defendant acquired the trade name Seamless and obtained the written consent of the plaintiff. After establishment, does WSP still have the right to use the trade name when the plaintiff changed its mind? Second, although the plaintiff didn’t claim specific damage, the litigation launched immediately before WSP’s listing abroad. As a result, this case is substantially important to WSP and its importance can not be measured in monetary terms.

 

Through careful analysis of the legal nexus of the case and study of all the related laws, regulations and policies, JINYI lawyers succeeded in seizing the key to the dispute and demonstrating, on the basis of the intention of legislation, the doctrine of good faith and social influences, that the claim alleged was illegal and a serious of negative consequences would have arisen if the claim alleged was supported by the court. WSP became the winner in the first and the second instance. The victory gained in the litigation removed the obstacles to listing abroad.