2025.01.22
JunHe represented Golfzon in a series of intellectual property lawsuits concerning copyright m88 casino app unfair competition against imitators of their golf simulator software in various locations in China. JunHe’s team secured evidence preservation m88 casino app/or behavior injunction orders in cases in Shenyang, Guangzhou m88 casino app Dalian, m88 casino app won favorable judgments in all the decided cases where the client’s copyright infringement m88 casino app unfair competition claims were upheld.
Golfzon is a renowned South Korean enterprise specializing in the development, design m88 casino app commercial application of golf simulator software m88 casino app equipment m88 casino app is the copyright owner of the legitimate software involved in these cases. The client discovered numerous stores in China using pirated or cracked software that severely damaged Golfzon’s m88 casino app their licensees' interests. The JunHe team devised an investigation m88 casino app evidence collection plan m88 casino app led the investigation team in different locations. They also determined two causes of action, i.e. software copyright infringement m88 casino app unfair competition by means of commercial confusion with Golfzon’s business m88 casino app product name, based on infringements of the defendants in different places. JunHe initiated lawsuits against the defendants using different causes of action.
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The challenges m88 casino app highlights of these cases include:
1. Despite the difficulty in evidence collection, preliminary evidence collection m88 casino app the courts’ evidence preservation orders played a crucial role. The defendants' infringements were concealed. Unlike software that can run when installed on a computer, the concerned software runs like a game m88 casino app has the attributes of a game m88 casino app software. Evidence collection required capturing the screen after the software was run. Therefore, investigators had to pose as consumers m88 casino app record the screen at the infringing locations, making evidence collection extremely challenging. The JunHe team devised a meticulous evidence collection plan m88 casino app determined the key points for this. They also guided investigators step by step in how to complete targeted evidence collection. Based on this thorough evidence collection, JunHe provided detailed information about the infringing stores to the courts, submitted a comprehensive evidence preservation plan, m88 casino app obtained court approvals for the client’s evidence preservation applications, which contributed to the client’s victories in these cases.
2. A unified litigation strategy was adopted, with adjustments on a case-by-case basis. JunHe determined two causes of action, i.e. software copyright infringement m88 casino app unfair competition by means of commercial confusion with Golfzon’s product name m88 casino app business name, according to the infringements of the defendants, m88 casino app initiated lawsuits against different defendants using different causes of action. In some cases, JunHe successfully added actual controllers as co-defendants based on evidence they found during evidence collection. Despite the same case type, the infringement details m88 casino app methods varied. JunHe tailored the approach to each case, meeting the client's expectations in rights protection. Ultimately, JunHe's copyright infringement m88 casino app unfair competition claims were upheld by courts in different locations.
3. The courts awarded large compensation amounts m88 casino app punitive damages. Another challenge in these cases was calculating the compensation amounts. The client did not sell software separately in China m88 casino app the legitimate software was usually sold with supporting equipment, making it difficult to distinguish the price of the software m88 casino app the hardware m88 casino app to prove the market value of the legitimate software. In similar cases previously, the courts directly took the legitimate software’s price for import declaration as its value, which was far below its actual value. This adversely affected the price determination in these cases. JunHe submitted evidence chains to prove the stm88 casino appalone price of the software m88 casino app explained that the legitimate software in these cases was an upgraded version of the software involved in previous cases m88 casino app thus had a higher value. The Shenyang Intermediate People’s Court m88 casino app the Liaoning High People’s Court adopted JunHe's arguments m88 casino app recognized a relatively higher software price.
4. These cases demonstrated JunHe's integrated service advantages. Golfzon is a South Korean company, m88 casino app the lawsuits were initiated in Shenyang, Dalian, Tianjin m88 casino app Guangzhou. JunHe utilized the language advantages of its Korea-related practice group to maintain smooth m88 casino app efficient communication with the client m88 casino app mobilized resources at its Guangzhou, Dalian m88 casino app Shanghai offices to achieve victories for the client.
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