“AQUA-SCIE Is Never Renamed”
KDF Held Press Conference to Appeal for the Safeguarding of Legitimate Trademark Rights
As regards the false news that AQUA-SCIE has been renamed German XX and other similar rumors in the market at present, the trademark owner of the famous brand AQUA-SCIE in the field of pipes, the KDF Distribution (Shanghai) Co., Ltd. (hereinafter referred to as KDF) held, in the afternoon of November 13th, 2013, the "Press Conference on KDF Safeguard of Legitimate Trademark Rights on AQUA-SCIE -- AQUA-SCIE Is Never Renamed" at the Shanghai Ganghui Square. The purpose of this conference was to report publicly related situations, to strongly condemn the poster of false information, formally authorize Mr. Ma Yongjian, the lawyer from the Shanghai United Industry Law Firm, to issue a legal statement clarifying the fact and to sign the Power of Attorney to authorize the lawyer to initiate legal proceedings to safeguard its legitimate trademark rights on AQUA-SCIE.
A case similar to "Wong Lo Kat Renamed JDB" was kicked off in Shanghai.
More than 20 media agencies participated in this press conference, including the Shanghai Xinmin Evening News, Shanghai Morning Post, QQ.com, sina.com.cn, Fang.com etc.
On February 28th, 2002, with the approval from the Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China, KDF obtained ownership of the registered brand JieShui with the period of validity extended to February 27th, 2022. After more than a decade of KDF's operation, advertisement and promotion, "JieShui" PPR pipes have achieved a strong reputation and are called "JieShui" in the market, becoming one of the leading brands in the industry of imported pipes.
The AQUA-SCIE brand has been integrated successfully into the core brand system of the Feddersen Group since 2013 and has become one of the businesses in China supported greatly by the Feddersen Group. Since August, 2013, the KDF company has started to use the new logo AQUA-SCIE.
On the occasion of upgrading AQUA-SCIE products, KDF found that a company had declared in its official letters to the public and brand statement that KDF's Chinese brand "JieShui" had nothing to do with the company in Germany and "JieShui" had been formally renamed "German XX". The "JieShui In The Past, German XX At Present" was used in its leaflets.
Based on KDF's investigation, the company was just established on June 13th, 2013. It claimed to be a German company, but in fact, it is just a domestic joint venture with 2 domestic persons working as corporate partners, with a registered capital of only 1,000,000 yuan. The company boasted in the Yangzi Evening News that over a period of more than 40 years in the past, XX has achieved a huge success and authoritative leadership in the field of pipe systems worldwide, thus concocting a feint that it has been a big brand and has been operating for several decades. The company knew perfectly well that it had no operation experience or economic strength, and that a large amount of time and capital must be invested for the promotion of a new brand. But with the intention of taking a short cut, it neglected business ethics and even ignored laws by fabricating a false story that "JieShui” has been renamed German XX" by means of false publicity so as to unethically seek connections with the brand of AQUA-SCIE owned by KDF.
KDF firmly believed that this company's actions had seriously infringed KDF's trademark rights on "JieShui" and constituted unfair competition. KDF decided to entrust a lawyer with the issue of a statement for clarification and to formally authorized the lawyer to initiate legal proceedings. At the site of the of press conference, the executive director of KDF, Mr. Ulrich Berlage, and the lawyer, Mr. Ma Yongjian signed the Lawyer Statement Authorization Agreement.
KDF claimed in the appeal that the company must "Stop its unfair competition actions of using false publicity slogans for the use of publicity, promotion and sale, including ' JieShui is in the past', 'JieShui has renamed German XX' and any other things with a similar or same meaning. The company must also stop its actions of infringing on the accuser's trademark rights to 'JS'", offer a public apology, eliminate any negative effects, and pay 5 million yuan for the accuser's loss.
After the press conference was completed, the vice-general manager of KDF, Mr. Pan Xin, was surrounded by the journalists from various major media agencies and answered various questions raised by them. The Press Conference on KDF Safeguard of Legitimate Trademark Rights on AQUA-SCIE was completed successfully. Industrial insiders consider that the case of "AQUA-SCIE Is Nerver Renamed" will become a classic "sister case" to the case of "Wong Lo Kat Renamed JDB" in the circle of intellectual property.