"Out of the sea" and "distress" sunshine lighting in the U. S. patent infringement case

A patent lawsuit has just ended, and sunshine lighting is again encountering transnational patent litigation. An exclusive American company, known as Archipelago Lighting Inc (hereinafter referred to as ALI), formally prosecuted sunshine lighting in the name of "plagiarism, fraud and unfair competition" in October 13, 2016. At present, the transnational litigation has been accepted by the Central District Court of California. According to the indictment, ALI believes that the sunshine is the Kichler brand LED products supplied by Lloyd's supply, and is suspected of imitating the outer packaging design of ALI, and the after sale phone number is printed as a after sale phone number of the original ALI. Zhao Fanghua responded to the sun lighting, and some of the products did have the wrong number of after-sale phone numbers, but the issue of the patent ownership of the product package still remains to be discussed. The after sale phone is wrong with the public information that Lloyd is the second largest household decoration chain in the United States, and Kichler is a brand dealer in Lloyd's sales of lamps and lanterns. ALI and sunshine lighting successively supply Lloyd to Kichler production products. ALI said, since August this year, it has been received from the consumer phone, reflecting the ALI produced by the Kichler brand LED products after the power supply, touch the feeling of "crisp", or the product can not be used normally. Victor Deng, the head of ALI, said that ALI previously had a trademark license agreement with Kichler and designed a product package for an order, but the later agreement was stopped, so there was no ALI related products to enter the market. Victor Deng introduced, and ALI later found that the consumer said the LED product, its manufacturer is sunshine lighting, and the after-sales phone is printed on the ALI after sale phone. "Yes, the phone number is wrong, I asked later, it was wrong, it's ALI." Zhao Fanghua said that in a batch of products produced by sunshine lighting, the above products were supplied to Lloyd's products because the staff did not pay attention to the number of the after sale telephone. However, after the discovery of the problem, sunshine lighting has changed the after-sales telephone, "but the front out, it is really already out." In August 25th, ALI issued a letter from the lawyer to demand sunshine lighting to stop all Kichler brand LED products with ALI after sale phone number sold in the United States. The daily economic news reporter sought evidence on Lloyd's side, but did not get a reply as of the report. Victor Deng said that he had told Lloyd and Kichler for the above two problems, but Lloyd's procurement officer told him that he did not know the wrong number of telephone numbers, and that sun lighting told Lloyd, the phone number printed on the product was purchased from ALI. Zhao Fanghua's response to this, the specific business aspects of the matter is not clear, this is ALI and Lloyd and Kichler after the exchange of the statement, but it is not clear how they communicate. Victor Deng said that, in order to prevent ALI from carrying a corresponding "baggage", it decided to prosecute three companies such as the sun lighting and its subsidiaries in the United States, Dallas, and so on. The product patent dispute ALI prosecuted sunshine lighting, and it also believed that it used the original package designed by ALI for Kichler. "We have the right to design, we have the exclusive right." Victor Deng said that the product's outer packaging was designed by ALI, and after first receiving a Lloyd's order, Laurie allowed ALI to use the Kichler brand to design the outer packaging of the product. Victor Deng recalls that ALI and Kichler signed the trademark license agreement, but Victor Deng failed to provide the journalist with a formal trademark licensing agreement containing the two party signatures of ALI and Kichler. According to the unsigned agreement, ALI is the only authorized supplier of Kichler, and ALI is required to pay the cost of the package design at its own expense. In August 30th, Wang Junwei, a lawyer for sunshine, replied in a letter in his lawyer's letter that sunshine lighting was supplied to Lloyd's Kichler brand LED products and was authorized by the Kichler trademark. The outer packaging was designed by a company specializing in the design of product packaging, and was finally verified by Kichler. Kichler related responsible person said that Kichler suppliers have more than 50, ALI and sunshine lighting litigation disputes and do not know, the specific circumstances for reporters to contact the Kichler's legal personnel. However, the reporter had been waiting for nearly a week, and by the end of the draft, no reply was received by the Kichler legal staff. Zhao Fanghua said that the total supply involved in this lawsuit is not much, sunshine lighting and Lloyd's order, the operating income is estimated to be around 30 million yuan. Zhao Fanghua also believes that the sunlight lighting is mainly processed in foreign countries, and the lawsuit has little influence on the enterprise itself, and the lawsuit will not affect the cooperation between sunshine lighting and Kichler and Lloyd's. As the first private listed company in the domestic lighting industry, the contribution of the overseas market to its performance is very important. According to the 2016 half year report, the main market share of sunshine lighting is concentrated in Europe and America, and the operating income of North America is 473 million yuan, accounting for 22%. Zhao Fanghua also said that the current sunshine lighting in the United States has received a ALI lawsuit, and the company's headquarters has not been received for a time due to the time difference.