Can a rights holder sue the same infringer separately based on one single infringing act that infringes both trademark and patent rights? An interesting case this year from China’s Supreme People’s Court that addresses this specific issue ((2023)最高法知民终235号). Beijing Run De Hong Tu Technology Development Co., Ltd. (“Run De Hong Tu”) sued an individual named Li XX[1] for patent infringement based on his activities as a small retailer selling a certain sewage pipe branded as “Submarine”. In fact, Run De Hong Tu had initiated multiple similar lawsuits, primarily targeting small and micro retailers, and had been able to secure substantial compensation in these cases. Run De Hong Tu, along with…
