In a clear case of ‘design’ infringement, Zhejiang’s Gemsy sewing company with its staple business in M&E integrated industrial sewing machine, precision foundry and power saving servo motor was found guilty of violating design rights by Shanghai’s High People’s Court when it allegedly used the design right of the Juki sewing machine without its prior permission. In a strict ruling, the Court ordered Gemsy to pay compensation for infringement of design rights to Juki, the company known for heralding a green wave in the sewing machine manufacturing industry.
Trying to wriggle out from the situation, Gemsy tried repeatedly to place responsibility for infringement of design right on the Suzhou Wangping Sewing Equipment Co. Ltd., a subcontracting company. But the Shanghai No.1 Intermediate People’s Court and the Shanghai High People’s Court turned down Gemsy’s allegations, and proclaimed that Gemsy, an outsourcing company, had legal responsibility for the infringement.
