December 10, 2013- Beijing – On April 25th, 2013 a final Higher People’s Court Administrative Judgment concluded that the LehmanBrown® trademark is registered solely to Home & Garden Limited (hereinafter “HGL”) (G.H.Z.Zi No. 686 & G.H.Z.Zi No. 690). Continued use of this trademark by a consultancy in Mainland China, unlawfully claiming the use of the trademark “LehmanBrown,” (hereinafter “the Consultancy”) and its Legal Representative, Russell Peter Brown, who is the Chairman of the British Chamber of Commerce in China, resulted in Government led Raids of Russell Peter Brown’s wholly foreign owned consultancy (the “Consultancy”) branch offices in Guangzhou and Shenzhen. Under Chinese laws, policies, and regulations a “Legal Representative” who infringes on an identical mark of a granted trademark owner (as Russell Brown currently does) is liable for criminal and civil damages for such infringement. To that end, the Chinese administrative authorities have unilaterally and independently initiated a series of raids on Russell Brown’s Consultancy seizing infringing materials.
Initial “evidentiary raids” were conducted by officials from the Chinese Administration of Industry and Commerce (“AIC”) pursuant to Chinese law, and at the request of attorneys representing HGL and their exclusive licensee LehmanBrown® CPA with registered offices at 10-2 Liangmaqiao Diplomatic Compound, 22 Dong Fang Dong Lu, Beijing 100600 China see
www.lehmanbrowncpa.com
. These trademark administrative raids conducted by the local branches of the AIC were executed against two branch offices in Guangzhou and in Shenzhen of the “Consultancy” (which is not a Chinese CPA firm as advertised) for which Russell Peter Brown is the Legal Representative. Since the initial “evidentiary raids,” Chinese Government Administrative officials of the AIC have returned to the same two branch offices, one in Guangzhou and one in Shenzhen, in search and seizure of additional evidence against the Consultancy and its Legal Representative, Russell Peter Brown, who also ironically serves as Chairman of the China Britain Chamber of Commerce.
This Chamber of Commerce is a Chinese organization, formed under the Ministry of Civil Affairs and the Chinese law “Provisional Regulation that Govern Foreign Boards of Commerce in China of 1989″. The China Britain Chamber of Commerce, which recently celebrated its 20th year, is an organization that has publicly encouraged intellectual property rights education and seminars, as well as the intellectual property proper registration, intellectual property administration, and intellectual property enforcement of rights in China. Despite this, its Chairman Russell Peter Brown, the organization, claiming the title “LehmanBrown,” which lists Russell Brown as “Managing Director” (which he is not, he is the “Legal Representative”), and the China Britain Chamber of Commerce continue to infringe on another’s intellectual property rights on their own website, directory, and in written materials.
On July 23rd, 2013, Tianhe of the Guangzhou AIC, Keji Branch executed an administrative raid against the Consultancy’s Guangzhou Branch office. Sharon Su, Guangzhou Branch Manager, clarified with the AIC officials that all cases are initially accepted in Beijing and then transferred to Guangzhou. The AIC officials checked computers, client files, financial statements, company brochures, and all related documents in the office containing any reference to the trademark LehmanBrown®.
When Guangzhou AIC officials concluded their onsite investigation, they seized documentation containing the trademark LehmanBrown®. Further, the AIC served the Consultancy with an inquiry notice and an administrative compulsory measure notice requiring Russell Peter Brown, as Legal Representative, to attend an investigative interview scheduled for July 24th, 2013. The Consultancy postponed this interview, requesting time to send a representative from Beijing in place of Russell Peter Brown, Chairman of the China Britain Chamber of Commerce, who is the legal representative of the Consultancy.
On July 23rd, 2013, after the Guangzhou administrative raids were held, the Shenzhen AIC’s FuTian Branch Office Trademark Department executed administrative raids against the Consultancy’s Shenzhen Branch office. As with Guangzhou, officials proceeded to likewise seize all documentation that proved evidence of LehmanBrown® trademark infringement. Further, AIC officials perform unscheduled visits to the Consultancy’s Shenzhen office to discovery additional evidence and inhibit any added infringing activities.
A lawsuit against Russell Peter Brown for trademark infringement was filed by HGL in the Beijing 2nd Intermediate People’s Court on June 5, 2013 seeking injunctive relief as well as monetary damages of RMB 10,000,000. HGL is looking to increase the damages based upon the results of the AIC administrative raids to 80,000,000 RMB for trademark infringement which dates back to 2003, these damages make this particular lawsuit one of the leading intellectual property cases filed in China in 2013. Additionally, Zhou Han Brown, wife of Russell Peter Brown, who previously acted as legal counsel (without a law degree) for the Consultancy, now appears to have placed herself in the role of AIC liaison. Despite continued attempts to delay, cancel, or reverse the AIC decision, officials have handed down an administrative fine of 30,000 RMB.
The Consultancy and its Legal Representative, Russell Peter Brown, have been made aware of the Court Ruling of April 25th, 2013 by the People’s Higher Court ruling where the Consultancy was represented in the final hearing not by legal counsel, but his wife Zhou Han Brown, a Beijing homemaker. The Consultancy has received multiple Cease and Desist Letters, well received by individuals calling themselves employees and in some cases “partners” within the Consultancy as well as Russell Peter Brown. Despite all legal actions being taken against the infringing parties (including the China Britain Chamber of Commerce), no effort to remedy this infringement has been shown.
HGL’s sole exclusive licensee to the trademark LehmanBrown® is LehmanBrown® CPA, founded by a group of five local Chinese Certified Public Accountants, whose website can be found at
www.lehmanbrowncpa.com
. Any websites or directory listing using the trademark name LehmanBrown®, not associated with LehmanBrown® CPA and without the express written consent of HGL, constitute trademark infringement and are in violation of China’s Trademark Law.
The Consultancy and Russell Peter Brown are blatantly continuing to use the trademark LehmanBrown® even in his description as Chairman of the British Chamber of Commerce in China without consent from the trademark owner in website publications and their organization’s website.
The Trademark LehmanBrown® is NOT AUTHORIZED by HGL to be used on the website
www.lehmanbrown.com
.
About LehmanBrown® CPA
LehmanBrown® CPA is one of China’s leading accounting, taxation and business advisory firms.
Our accounting and consulting professionals have years of solid experience in auditing, accounting, financial management and tax consulting and have worked in public accounting as well as a wide variety of industry sectors. LehmanBrown® CPA is dedicated to providing professional accounting and financial advisory services to clients with an interest in the rapidly-developing Chinese market. We are based in Beijing, with a network of offices in Hong Kong, Macao, Shanghai, Shenzhen, Guangzhou, and Mongolia and manage an extensive affiliate network providing service throughout China.
With expertise gained from years of practice in international accounting firms, multi-national corporations, state-owned enterprises, and fast-moving startup companies, LehmanBrown® CPA provides customized solutions according to each client’s specific and unique needs. With our in-depth understanding of the China market, we can assist your Chinese business to develop quickly and smoothly.
LehmanBrown® CPA knows well that the current unprecedented growth of China’s economy means that the business environment – including the legal, accounting, and taxation systems – is also changing quickly. China is now an integral part of the global economy with its own special characteristics, and LehmanBrown® CPA’s experts stand prepared to help clients succeed in this dynamic market.
10-2 Liangmaqiao Diplomatic Compound
No.22 Dongfang East Road
Chaoyang District Beijing,
100600 China
Telephone +86-10-8532-1919
Website: www.lehmanbrowncpa.com
Email.
mail@lehmanbrowncpa.com
Documentation:
Trademark Review and Adjudication Board
The Verdict on the Dispute of the Trademark No. 3013120
[No.: SPZ (2010) No. 04597]
The Verdict on the Dispute of the Trademark No. 3013121
[No.: SPZ (2010) No. 04597]
The First Intermediate People’s Court of Beijing
Judgment: [No.: (2011) Y.Z.Z.H.C.Zi No. 366]
The Higher People’s Court of Beijing of the People’s Republic of China Administrative Judgment [No.: (2012) G.H.Z.Zi No. 686] Administrative Judgment [No.: (2012) G.H.Z.Zi No. 690]
Contact Information
Davin Torjesen
Email:
dtorjesen@lehmanbrowncpa.com
SOURCE: LehmanBrown® CPA