According to Tianyancha App, the first instance judgment between Tencent and video game store Guangzhou Ren Wo Xing has come to an end.
The ruling held that plaintiff Tencent was the exclusive distributor in China authorized by Nintendo, the Japanese computer game developer, and therefore the lawsuit against defendant Guangzhou Ren Wo Xing blatantly sold a product a product called Nintendo NSSWITCH CH Version is contraband.
The first-instance civil judgment of two companies Tencent and the video game console store Renwu Bank in Yuexiu district, Guangzhou city for infringing on trademark rights has been issued.
Renwu Bank’s game console store publicly sold a product called Nintendo NSSWITCH Brand New National Bank with the Tencent logo and prominently used on the outer packaging, infringing Tencent’s trademark rights. At the same time, the non-genuine game console sold by the defendant forged the official operating system and used a high-risk piracy system, constituting an act of unfair competition.
The court held that Renwu Bank’s video game console store infringed Tencent’s trademark rights and constituted unfair competition, and that the partial profit from the sale of related infringing goods was 2,802 ,5 yuan.
In the end, the court ruled that defendant Renwu Bank’s electronic game console store immediately stopped selling non-genuine Nintendo Switch consoles, and compensated two plaintiffs Tencent for damages and insurance costs. reasonable rights protection a total of 204,129 yuan.
In addition, non-genuine game consoles sold by defendants were found to have counterfeit operating systems and were equipped with high-risk piracy systems that constitute unfair competition practices.
Defendant earned 2,802.5 yuan ($442) from selling pirated products. The court ordered the defendant to immediately stop selling pirated Nintendo Switch game consoles and compensate plaintiff Tencent.
In early 2019, Tencent announced the sale of Nintendo Switch, a game console, in China. Many media then considered the strong alliance between Tencent and Nintendo as an effort to open up the Chinese market, the largest game market in the world.