Personal Details
Berin He obtained a bachelor's degree in law and legal professional qualification certificate in 2009. Later in 2012, she obtained a master's degree in law, specializing in intellectual property. From 2012 to 2013, she worked in the legal department of Shenzhen Quality and Technical Supervision and Evaluation Office, focusing on product quality and intellectual property appraisal. Later she worked in a law firm, handling intellectual property infringement disputes, economic contract disputes, personal infringement disputes and other types of litigation cases, as well as providing perennial legal counsel services for various types of enterprises. With rich experience in trademark application and litigation, she is so good at dealing with all kinds of difficult trademark cases that she has provided clients with integrated professional services including trademark search and analysis, registration applications, objection review and trademark monitoring, corporate trademark layout at home and abroad, trademark contract disputes, trademark infringement litigation, trademark management and maintenance. She is especially excellent in providing clients with comprehensive solutions to trademark dispute by combining administrative procedures such as trademark authorization and confirmation as well as civil and commercial litigation procedures. She has provided services to some well-known clients such as Ping An Group, Zhonghai Property Group, TCL Group, Hemei Group, Tang Palace, Tao Heung, Tsui Wah and Keyword Education.
Notable Matters
Duration: August 2019 – May 2021
Brief introduction of the case:
Berin He, entrusted by the plaintiff, leads the case. Plaintiff holds the trademark "ZEATOL" designated for use in products in Class 9 such as loudspeakers and headsets. In May 2019, plaintiff found that defendant had produced and sold OS-S1 bluetooth speakers bearing the trademark exactly same as plaintiff's "ZEATOL". In the same month, plaintiff filed an administrative complaint for infringement of the exclusive right to use the registered trademark to the Longhua Supervision Bureau of Shenzhen Market Supervision Administration, which later seized 8,000 latex covers printed with the trademark "ZEATOL", as well as several QC Repair Daily Reports and QA Sample Inspection Reports.
Tricky part of the case:
How to prove defendant's profits incurred from the infringement
Case highlights:
Through a careful analysis of the data in QC Repair Daily Reports and QA Sample Inspection Reports, Liangma Trademark Team reasonably concluded that defendant has as many as 50,000 infringing products. In addition, based on plaintiff's cost price list and sales prices, Liangma Trademark Team reasonably calculated the profit rate of the same type of mountain speaker products, and also came to a reasonable conclusion that defendant had made a profit of more than two million through infringement, thus helping plaintiff obtaining one million compensation originally appealed for.
Duration: April 2019 – January 2020
Brief introduction of the case:
China Ping An Insurance (Group) Co., Ltd owns trademarks including "平安", "PING AN", "平安信托", while China Franchise Website and Global Franchise Website released franchise investment information with titles using Ping An’s trademarks, without consent by Ping An Group or its affiliates. Berin He, on behalf of China Ping An Insurance (Group) Co., Ltd, the plaintiff, led Liangma trademark team to sue the platform which had released the franchise information. Finally the judge ruled that defendant’s acts constituted infringement of plaintiff’s trademark rights.