on september
9, 2019, the zhejiang provincial people's high court rejected an appeal from
hangzhou huoman door industry co., ltd. ("huoman hangzhou") and
affirmed the original ruling in its final judgment. the court ordered huoman
hangzhou to cease its infringement of hörmann's exclusive registered trademark
immediately, as well as to stop its unfair competitive behavior of misleading advertising,
and use of hörmann’s chinese name.
this
infringement suit attracted attention across the chinese door industry, and has
come to a close with the ruling in favor of germany's hörmann kg
verkaufsgesellschaft ("hörmann germany"). what seemed like just
another case of infringement has highlighted the danger lurking right under the
noses of chinese consumers, and made the industry sit up.
a dangerous
awakening
hörmann
germany withstood the process of this trial, at the heart of which were huoman
hangzhou’s knockoffs of the company’s core product, fire-rated doors. stringent
national and industrial standards have been put in place for safety products
such as these.
thermally
insulated fire-rated doors (category a) come in class a, b, and c. the
regulations on fire resistance for integrity and insulation of each class are
clearly defined in the national standard of the people's republic of china
gb12955-2008 fire resistant doorsets. each of the classes stipulate fire
resistance for insulation and integrity of at least 1.5 hours, 1 hour, and 0.5
hours, respectively. this means that these doors could limit the spread of
flames and heat radiation for the corresponding durations, when subjected to
fire with temperatures of over 1,000 ℃.
journalists were shocked to learn that these doors would mostly be used in
crowded and public areas such as hospitals, schools, shopping malls, and
high-end residences. installing such non-compliant fire-rated doors in
hospitals or schools packed with patients and students would have devastating
consequences in the event of a fire, placing these vulnerable groups in ever
more danger should an emergency arise. hörmann germany's victory in this case
is proof that the company has the mettle in the eyes of the market and law.
not only has hörmann germany defended its brand value firmly, by providing an
awakening to an imminent danger, the company has played a part in protecting the
safety of life and property in the face of fires, where every second counts.
sellers and
consumers alike should only obtain hörmann germany products from the company's
official distributors, to avoid threats to the safety of life and property.
corporate
strategy and positioning are key
it is said that a third-class company creates products, a
second-class company brands, and a first-class company standards. none are
inferior because it ultimately boils down to a company's corporate strategy and
positioning. citing the words of mr. lei jun, founder of xiaomi, "a
company without challenges is one with a brand that is on a downward
spiral." in the 80 years, and counting, since hörmann germany's
founding, the company has seen its fair share of imitators, but has never
been overtaken.
the german door production company's success in this final appeal lies in its
corporate strategy. hörmann germany is committed to providing feasible
solutions for its business partners, and explores and innovates constantly. it
has a large number of case studies in numerous commercial door applications,
and makes outstanding contributions to the continuous development and
improvement of door standards. in this aspect, hörmann germany's victory in the
suit was inevitable.
other products may try to pass off as those of hörmann germany's, but such
imitators would never be able to replicate the spirit and integrity of the
company. the question is how should you, as a distributor in the door industry,
choose business partners?
we all know the difficulty of going from zero to one, especially as new brands
and joint venture brands keep emerging in china's rush of economic development.
when learning from leading enterprises at home and abroad, should we just look
at what they already have, or should we take a look at how they have created
century-old brands and established industry standards through constant
innovation? hörmann germany's infringement suit certainly offers some food for
thought.