Defendant: Tianjin Prestige General Furniture Co., Ltd. (hereinafter referred to as Prestige General Company).
The facts of a legal case
The plaintiff, China Resources Lizhi Company, is the patentee of utility model named "Composite Screen". The plaintiff found that at a furniture exhibition, the screen series products displayed and sold by the defendant Prestige General Company were exactly the same as the plaintiff's utility model patent, so he took the defendant to court for patent infringement.
After trial, the court held that the screen series products sold by the defendant completely covered the plaintiff's patent and belonged to the protection scope of the plaintiff's patent right, and the defendant did not recognize that it manufactured, promised to sell and sold infringing products. Based on this, the defendant was sentenced to immediately stop the infringement and compensate the plaintiff for economic losses of more than 20,000 yuan.
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If a product seller does not know that the product is produced by him without evidence of legal origin, and does not bear the liability for compensation for the patented product licensed by the patentee, but fails to provide the corresponding evidence of the legal origin of the product and fabricates the manufacturer at the same time, he shall be made to bear the tort liability of both the manufacturer and the seller of the infringing product.