14 Mar 2017

Hangzhou, China. On 16 February 2017, the District Court of West Lake District of Hangzhou, China ruled in favor of SIAD Macchine Impianti S.p.A. in the case of the wrongful registration of SIAD’s Chinese name. SIAD Macchine Impianti had filed a lawsuit against Seadgas (Sead Industrial Gas Engineering (Hangzhou), Co. Ltd.), a Company controlled by Mr. Hui (James) Cai, over Seadgas’s wrongful registration and illegal use of SIAD Macchine Impianti’s Chinese name 西亚特 (Xi Ya Te). The Court ruled that Seadgas must immediately change their Chinese business name and within 30 days remove the Chinese name 西亚特(Xi Ya Te) from all signage, business cards, stationary, brochures, advertising, etc. The Court also ruled that Seadgas must pay SIAD Macchine Impianti related damages and legal costs.

 

Nearly five years ago SIAD Macchine Impianti terminated discussions with Mr. Cai and his previous company regarding a possible venture. During the discussions and without SIAD Macchine Impianti’s agreement, Mr. Cai wrongfully registered SIAD Macchine Impianti’s Chinese name of 西亚特 (Xi Ya Te) for his own company’s use. Mr. Cai had admitted to SIAD Macchine Impianti’s legal counsel that he had registered SIAD Macchine Impianti’s Chinese name to try to coerce SIAD Macchine Impianti to agree to a JV with other companies with which he was involved including Hangzhou Cando Air Separation Complete Plant Co., Ltd., and Hangzhou Kaide Air Separation Equipment Co., Ltd., Hangzhou Kaide Air Separation Complete Equipment Company Co., Ltd., Hangzhou Kaide Air Separation Engineering Co. Ltd, and Hangzhou Kaide Investment Co., Ltd. The Court ruled that Seadgas wrongfully registered the name, did not have the right to the name and must discontinue using it immediately.

Mr. Paolo Ferrario, CEO, SIAD Macchine Impianti S.p.A, stated, “We appreciate that the Hangzhou West Lake District Court ruled in our favor in our legal case against Seadgas and Hui Cai for the wrongful use of our Chinese name and ordered the parties to immediately discontinue the unauthorized use of it. We have used our English name “SIAD” and our Chinese name “西亚特 (Xi Ya Te)” in China for nearly 20 years for our reciprocating compressor and air separation equipment design, engineering, manufacturing and marketing businesses without infringement until this incident. We are pleased that the Court not only ruled in SIAD’s favor, but awarded monetary damages equivalent to €30,000.” Mr. Ferrario went on to say that, “With this ruling, our existing and future Chinese customers can now be assured they will receive SIAD Macchine Impianti’s high quality, energy efficient and highly engineered air separation plants and compressors from our Chinese subsidiaries SIAD Engineering (Hangzhou) Co., Ltd. and SIAD Macchine Impianti (Trading) Shanghai Co. Ltd., without having potential confusion created in the market by an imposter.

In addition to the ruling of the Hangzhou West Lake District Court of, China, SIAD had previously filed an arbitral case with the Asian Domain Name Dispute Resolution Centre (Beijing) regarding the wrongful use of the internet domain name www.siadgas.com by Seadgas controlled by Mr. Cai. In this matter, Seadgas was ordered to discontinue the use of the name SIAD in the domain name and SIAD Macchine Impianti was granted exclusively for the use of the www.siadgas.com domain and SIAD name worldwide. As result Mr. Cai changed the name of his company from Siadgas to Seadgas and changed to the domain www.seadgas.com. Additionally, SIAD trademarks containing the English name SIAD, which Mr. Cai filed for registration in six trademark classes, had been challenged by SIAD. However, it is encouraging to note that Mr. Cai’s office recently advised that Seadgas has “waived the SIADGAS trademark right in 5 classes, and is merely saving the trademark right in class 7 only as a defense against SIAD Macchine Impianti, but that the remaining trademark in class 7 would not be used in principal by Seadgas.”

SIAD Macchine Impianti, S.p.A. - (www.siadmi.com/en) is part of the SIAD Group (www.siad.com), one of the main industrial groups in Europe. SIAD Group was established in Bergamo, Italy, in 1927 and is active in Industrial Gases, Engineering, Welding, Industrial Goods, Healthcare and Industrial Services. SIAD Macchine Impianti is a world leader in the engineering and manufacturing of cryogenic air separation units for the production of gaseous and liquid oxygen, nitrogen, and argon; and in carbon dioxide recovery, purification, and liquefaction plants through the company’s wholly owned subsidiary, Tecno Project Industriale Ltd. (www.tecnoproject.com/ENG/Company.asp). SIAD Macchine Impianti is also a world leader in the engineering and manufacturing of API618 reciprocating compressors, and reciprocating compressors for PET blow-moulding and instrument air packages. The company’s highly engineered products are used in industries such as the refinery, oil and gas, petrochemical, chemical, metals, glass, cement, energy, food, beverage, and industrial gases.

SIAD Engineering (Hangzhou) Co., Ltd. - www.siadmi.cn/hz/) is the SIAD Macchine Impianti engineering and procurement center in Hangzhou, Zhejiang Province, China, and fabrication and assembly center in Deqing County, Zhejiang Province, China, for the design, engineering and manufacturing of cryogenic air separation units, carbon dioxide plants and reciprocating compressors, for Chinese and global customers. The centers are ISO 9001 certified and have all the required Chinese engineering and fabrication licenses including those for pressure vessels, as well as ASME “U” stamp accreditation.

SIAD Macchine Impianti Trading (Shanghai) Ltd., (www.siadmi.cn/sh) is the SIAD Macchine Impianti trading company in Shanghai, China, and is the exclusive marketing organization for the import of SIAD Macchine Impianti’s highly specialized reciprocating compressors. The company also represents SIAD Macchine Impianti in the sale of air separation equipment, reciprocating compressors and carbon dioxide plants into certain markets outside China.

SIAD has been represented in these legal matters by ZY Partners (www.zypartners.com), a Chinese law firm based in Beijing, China, specializing in trademark, intellectual property rights and solving business disputes.