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Netherlands) Artidas International Co., Ltd. v. Phila Clothing and Footwear (Fujian) Co., LTD., etc. infringement of the exclusive right to use registered trademarks

Plaintiff (Netherlands) Adidas International B.V., domicile, 30 Queen Wilhelmina Square, Amsterdam 1062 KR, Kingdom of the Netherlands.
Legal Representative Paul Andreas Jourdan, Executive Director.

Entrusted agent Huang Hui, male, Han nationality, born on October 18, 1968, staff of Beijing Wanhuida Intellectual Property Agency Co., LTD., living at No. 341, Gate 3, 14th Floor, Middle Hepingli Street, Dongcheng District, Beijing, People's Republic of China.

Entrusted agent Cheng Xueqiong, female, Han nationality, born on April 17, 1971, staff of Beijing Wanhuida Intellectual Property Agency Co., LTD., living in No.16, Building 5, Jingyuan, Renmin University, Haidian District, Beijing, China.

The defendant is Ahe Clothing and Footwear (Fujian) Co., LTD., domicile of Chendai Town, Jinjiang City, Fujian Province, People's Republic of China.

Legal representative Lin Shitian, Chairman.

Entrusted agent Luo Chenfei, Anhui Wuhu Yuhao law firm lawyer.

The entrusted agent is Liang Yingbin, male, Han nationality, born on August 27, 1968, staff member of Phila Clothing and Footwear (Fujian) Co., LTD., living at No. 48 Yanhe Road, Jinghu District, Wuhu City, Anhui Province, China.

The defendant Wu Wentu, male, born on March 25, 1958, resident of the Macao Special Administrative Region of the People's Republic of China, head of the Beijing Branch of Phila Clothing and Footwear (Fujian) Co., LTD., living in Building 14 Yulin Li, Youwai Street, Youan Men, Fengtai District, Beijing, People's Republic of China.

The defendant is Beijing Ruiguan Sporting Goods Co., LTD. (formerly Beijing Jianlijia Sporting Goods Co., LTD.), domiciled in Room 304, Bajiao Beili Community, Shijingshan District, Beijing, People's Republic of China.

Legal representative Wang Jianhua, General Manager.

In the trial of the plaintiff (Netherlands) Adidas International Co., Ltd. v. the defendant Phila Clothing and Footwear (Fujian) Co., LTD., Wu Wentu, Beijing Ruiguan Sports Goods Co., LTD., infringement of the exclusive right to use registered trademarks, On December 5, 2003, the plaintiff (Netherlands) Artidas International Co., Ltd. filed an application with the Court to withdraw the action against the defendants, Phila Clothing and Footwear (Fujian) Co., LTD., Wu Wentu, and Beijing Ruiguan Sports Goods Co., LTD.

The Court finds that the application by the plaintiff (Netherlands) Artidas International Limited to withdraw the action complies with the law and should be allowed. In accordance with the provisions of Article 131 (1) and Article 140 (1) (5) of the Civil Procedure Law of the People's Republic of China, the Court makes the following ruling:

Adidas International Limited (Netherlands) was allowed to withdraw the complaint.

Case processing fee of $25,060, charged in half, to be borne by (Netherlands) Artidas International LTD., $12,530 (already paid).

  

Chief Judge Shao Mingyan

Acting judge He Xuan

Acting judge Zhang Xiaojin

  

Ii. 11 December 2003