RELX wins another rights protection case; yet another vape patent infringement dispute
According to Financial界, the Shenzhen Market Supervision Administration ruled on a case involving Shenzhen Legend Digital Co., Ltd.'s product "Bole R4 Atomizer" infringing on RELX's design patent. Upon review, it was determined that Bole infringed on RELX's design patent rights.
Bole was ordered to cease manufacturing, promising sales, and selling the infringing product.
According to the ruling, RELX argued that the "Bole R4 Atomizer" product and the patented product RELX "Phantom" atomizer belong to the same type of goods, and there are no substantial differences in the overall visual effect of the design, falling within the scope of patent protection.
("Administrative Ruling on Patent Infringement Dispute")
Relevant parties stated that the appearance of the "Bole R4 Atomizer" is very similar to RELX's "Phantom" atomizer. The only differences are in the shape of the indicator light and the curvature at the bottom of the atomizer, which are very minor. If not observed closely, it is difficult to distinguish between the two.
RELX applied for the design patent for the "Phantom" in July 2020, and the State Intellectual Property Office granted the patent and issued a certificate in March 2021, confirming its validity and legal protection.
According to patent law, once a design patent is granted, no unit or individual may implement the patent without the permission of the patent holder, meaning they cannot manufacture, promise sales, or sell products that infringe on the design patent for commercial purposes. Since its establishment in 2018, RELX has made numerous breakthroughs in product technology and fundamental scientific research.
Currently, RELX has applied for over 700 patents worldwide, including 127 international invention patent applications and 131 Chinese invention patents. The application scope covers various aspects such as e-cigarette design, e-liquid formulation, release safety, electronic control, intelligence, and preventing underage purchases.
In addition to combating patent infringement, RELX has recently also targeted several manufacturers selling infringing products through complaints and lawsuits. These manufacturers have produced and sold atomizer covers and other products bearing the "RELX" and "RELX" trademarks without authorization, infringing on RELX's trademark rights and constituting unfair competition.
It has been found that there are indeed a large number of peripheral products bearing the RELX brand and trademarks on multiple e-commerce platforms, and these sellers have not obtained authorization from RELX. Currently, RELX has filed 188 civil lawsuits regarding trademark infringement of peripheral products, with 13 cases officially filed.
Relevant experts stated that in the face of infringement, companies can protect their legitimate rights and interests through various legal channels such as patent applications, administrative complaints, and civil lawsuits, promoting the healthy and orderly development of the industry. As the e-cigarette industry enters a standardized phase, e-cigarette companies with independent design and production capabilities should wield legal weapons to promote the legalization process.
