A lighter maker in Wenzhou settles disputes with Zippo

时间：2007-01-19 02:05:02

（单词翻译:单击）

Chinanews, Hangzhou, Jan. 18 – In May, 2006, US lighter1 maker2 Zippo presented a document to U.S. International Trade Commission (ITC), claiming that seven lighter makers3, including four Chinese ones, had violated Section 337 of the Tariff4 Act of 1930 and infringed6 the intellectual property rights of the company. ITC later instituted the "337 investigation7" regarding the case. Through the whole investigation process, one Chinese lighter maker responded to the case and in the end, it became the only one Chinese lighter maker that was exempted8 from the restriction9 by US general exclusion10 order.

 

In its document present to ITC, Zippo claimed that when registering the trademark11, the outer shape of the Zippo lighter was described as a lighter "that is slightly round in edge and corner, with its top designed in the shape of a curve." All lighters12 that bear a similar outer shape as such description will infringe5 the intellectual property rights of Zippo company. The description covers merely all types of middle- and high-end lighters made in China.

 

However, Cheng Jianhua, general manager of the Wenzhou Hengxing Smoking Sets Production Company, said that Zippo’s trademark was registered unfairly.

 

“Before Zippo made the registration13, many lighters had already taken on a similar look, because if the edge of a lighter is made with a pointed14 shape, customers would find it diffult to hold the lighter in hand.”

 

Bearing this in mind, Cheng finally decided15 to respond to the case. At that time, he had to make up his mind quickly since according to related requirement, he was allowed to make response to the case within 20 days.

 

“It would cost us at least two million US dollars for the litis contestatio. However, if you don’t response, you cannot enter into the US market and your business will not grow in future. In order to carry on our business, we’d rather use all of our money to win the case,” Cheng said.

 

To his surprise, his company was the only one in China that responded to the case. All the other three companies chose to keep silent. Cheng finally found a group of lawyers from home and abroad for the case and the outcome was surprising, too: Zippo finally withdrew the claim against his company. ITC finally ruled that Hengxing company was the only Chinese company that could export lighters to US market. Once the US general exclusion order is issued, all other Chinese lighter makers will not be able to enter into US market for ever.

 
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1 lighter 5pPzPR     
n.打火机，点火器；驳船；v.用驳船运送；light的比较级
参考例句：
  • The portrait was touched up so as to make it lighter.这张画经过润色，色调明朗了一些。
  • The lighter works off the car battery.引燃器利用汽车蓄电池打火。
2 maker DALxN     
n.制造者，制造商
参考例句：
  • He is a trouble maker，You must be distant with him.他是个捣蛋鬼，你不要跟他在一起。
  • A cabinet maker must be a master craftsman.家具木工必须是技艺高超的手艺人。
3 makers 22a4efff03ac42c1785d09a48313d352     
n.制造者，制造商（maker的复数形式）
参考例句：
  • The makers of the product assured us that there had been no sacrifice of quality. 这一产品的制造商向我们保证说他们没有牺牲质量。
  • The makers are about to launch out a new product. 制造商们马上要生产一种新产品。 来自《简明英汉词典》
4 tariff mqwwG     
n.关税，税率；(旅馆、饭店等)价目表，收费表
参考例句：
  • There is a very high tariff on jewelry.宝石类的关税率很高。
  • The government is going to lower the tariff on importing cars.政府打算降低进口汽车的关税。
5 infringe 0boz4     
v.违反，触犯，侵害
参考例句：
  • The jury ruled that he had infringed no rules.陪审团裁决他没有违反任何规定。
  • He occasionally infringe the law by parking near a junction.他因偶尔将车停放在交叉口附近而违反规定。
6 infringed dcbf74ba9f59f98b16436456ca618de0     
v.违反（规章等）( infringe的过去式和过去分词 )；侵犯（某人的权利）；侵害（某人的自由、权益等）
参考例句：
  • Wherever the troops went, they never infringed on the people's interests. 大军过处，秋毫无犯。 来自《现代汉英综合大词典》
  • He was arrested on a charge of having infringed the Election Law. 他因被指控触犯选举法而被拘捕。 来自《现代汉英综合大词典》
7 investigation MRKzq     
n.调查，调查研究
参考例句：
  • In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
  • He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。
8 exempted b7063b5d39ab0e555afef044f21944ea     
使免除[豁免]( exempt的过去式和过去分词 )
参考例句：
  • His bad eyesight exempted him from military service. 他因视力不好而免服兵役。
  • Her illness exempted her from the examination. 她因病而免试。
9 restriction jW8x0     
n.限制，约束
参考例句：
  • The park is open to the public without restriction.这个公园对公众开放，没有任何限制。
  • The 30 mph speed restriction applies in all built-up areas.每小时限速30英里适用于所有建筑物聚集区。
10 exclusion 1hCzz     
n.拒绝，排除，排斥，远足，远途旅行
参考例句：
  • Don't revise a few topics to the exclusion of all others.不要修改少数论题以致排除所有其他的。
  • He plays golf to the exclusion of all other sports.他专打高尔夫球，其他运动一概不参加。
11 trademark Xndw8     
n.商标；特征；vt.注册的…商标
参考例句：
  • The trademark is registered on the book of the Patent Office.该商标已在专利局登记注册。
  • The trademark of the pen was changed.这钢笔的商标改了。
12 lighters 779466b88f83c05ba52f9b51e758d246     
n.打火机，点火器( lighter的名词复数 )
参考例句：
  • The cargo is being discharged into lighters. 正在往驳船里卸货。 来自《现代汉英综合大词典》
  • Babies'bootees and cheap cigarette lighters were displayed in unlikely juxtaposition. 儿童的短靴和廉价的打火机很不相称地陈列在一起。 来自辞典例句
13 registration ASKzO     
n.登记，注册，挂号
参考例句：
  • Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
  • What's your registration number?你挂的是几号？
14 pointed Il8zB4     
adj.尖的，直截了当的
参考例句：
  • He gave me a very sharp pointed pencil.他给我一支削得非常尖的铅笔。
  • She wished to show Mrs.John Dashwood by this pointed invitation to her brother.她想通过对达茨伍德夫人提出直截了当的邀请向她的哥哥表示出来。
15 decided lvqzZd     
adj.决定了的，坚决的；明显的，明确的
参考例句：
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

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