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Greenberg Traurig Represents Balanced Body in Groundbreaking Trademark Infringement Win in Chinese Court

DENVER – September 12, 2019 – Global law firm Greenberg Traurig, LLP and Chinese law firm Lung Tin Intellectual Property Agent Ltd., represented U.S.-based Balanced Body, Inc., a manufacturer of Pilates equipment, in a complete trademark infringement victory in China against Chinese manufacturer Yongkang Elina Sports Equipment Co. Ltd. The final judgment amount awarded to Balanced Body was YNB 3,000,000 (USD $421,000) inclusive of punitive damages. 

“We were pleased to represent Balanced Body in this significant win,” said Greenberg Traurig Of Counsel John R. Wahl, who represented Balanced Body in the case. “The case was notable in that it is the first time that Chinese courts in Shanghai have instituted punitive damages against a domestic company on behalf of a foreign entity. The verdict, in this instance, is evidence of China’s commitment to fight against intellectual property crimes and create an environment hospitable to international business.”

In March 2018, Balanced Body discovered that Yongkang Elina Sports Equipment sold and promoted a model of fitness equipment that infringed on Balanced Body’s registered trademarks and granted Chinese patents. Yongkang also violated a settlement agreement by continuing to infringe Balanced Body’s patents. Balanced Body filed a lawsuit in the People's Court of Pudong New Area, Shanghai. The lawsuit cited trademark infringement and claimed punitive damages of 3 million RMB in compensation. The court held Yongkang’s use of the same mark on the same commodity as Balanced Body’s constituted trademark infringement and awarded full damages to Balanced Body. Corresponding patent infringement actions against the same defendant remain pending. 

Wahl, a member of Greenberg Traurig’s Denver office, is a registered patent attorney with more than 30 years of experience in patent, trademark and trade secret law, including related prosecution, opinion and licensing matters, litigation support and strategic client counseling. His technical experience includes electrical, mechanical, biotech instrumentation, and software technologies, and extensive prior nuclear power engineering experience. 

About Greenberg Traurig’s Trademark and Brand Management Practice: Greenberg Traurig’s Global Trademark and Brand Management Group works hand in hand with clients to build, protect and enhance their brands and trademark portfolios to meet their business objectives. The group is one of the largest international trademark prosecution, portfolio management, licensing, litigation and counseling legal practices. With more than 180 intellectual property attorneys and agents in the United States, Asia, and Europe, Greenberg Traurig provides a broad range of patent, trademark and copyright protection and strategic counseling. Greenberg Traurig was named a “National Tier 1” Law Firm for IP Litigation, Patent Law, Trademark and Information Technology Law by U.S. News and Best Lawyers, 2019 “Best Law Firms Rankings."

About Greenberg Traurig: Greenberg Traurig, LLP (GT) has approximately 2100 attorneys in 41 locations in the United States, Latin America, Europe, Asia, and the Middle East. GT has been recognized for its philanthropic giving, diversity, and innovation, and is consistently among the largest firms in the U.S. on the Law360 400 and among the Top 20 on the Am Law Global 100. Web: Twitter: @GT_Law.