In the reception room, Luo Bin sat at the main seat, while the client and Wang Mo sat on his left and right sides. At this time, Wang Mo opened his notebook and was ready to take notes.
"Lawyer Luo Bin, it's like this. Our Sanchengyi Restaurant started out because of roast duck. This is our specialty, but our roast duck is exactly the same as the roast duck in an old restaurant. This is because the old restaurant was divided into two different families.
, so one of them sold this formula to my ancestors. You also know that even if there was a contract in that era, it has long been lost after so many years. We have been doing our own thing for so many years, and we have always been in peace.
, but some time ago they suddenly sued us for infringement, saying that we used their roast duck name without their authorization and stole their formula. How can I explain this? This is not the case.
Are they bullying people? I think they just see that I have made the company bigger now, and they want to get a share of the pie and deliberately blackmail me." Mr. Ma angrily told what happened.
After hearing this, Luo Bin asked the key question: "So who owns the patent for this roast duck recipe now, and has the name of this roast duck been registered?"
"No one has applied for this patent before. You also know that to apply for a patent, the formula must be sent to the relevant departments for review, so we did not apply. They did not apply before, but I found out later that they had already filed a lawsuit before they sued me.
I applied for a patent, isn't this specifically targeting me?" Mr. Ma felt very aggrieved at this time, and indeed very aggrieved. You have done a good job, but suddenly one day someone wants to snatch your achievements. Can you not feel aggrieved?
?
"Mr. Ma, let me remind you now, let's not worry about whose fault this matter is. Since you come to me, it is their fault, and I will find justice for you. Now I will ask you again
In a word, who owns this trademark right?"
When Mr. Ma heard Luo Bin's words, he also knew that he was a little too verbose, and said embarrassedly: "The trademark rights are in my hands. When I was preparing to open a branch, I registered the trademark."
"Well, then the result is that the trademark rights are in your hands, but the patent rights of the formula are in other people's hands. Is that true?"
"That's right"
"Then what do you want? To be honest, it will be detrimental to you if this lawsuit lasts for one more day, because your family has a big business. As long as the lawsuit is not resolved for one day, your restaurant will no longer be able to sell this kind of roast duck. This will be bad for you."
It is said that the loss is too great, and as long as the other party holds the patent, it will be very detrimental to us. So what you are considering now is not no loss at all, but the maximum loss you can bear, so that I can know how to deal with it.
The other party negotiates." Luo Bin analyzed the pros and cons to Mr. Ma.
Mr. Ma sighed and said helplessly: "I also know that it is impossible not to pay any loss. To be honest, before coming to you again, the other party's lawyer had already talked to me, but they were so open-minded.
Asking for my shares, or asking for 10 million to completely resolve this matter, don't you think this is blackmail?"
So Luo Bin then discussed with the client and asked some of the insiders who bought the formula back then, whether any of them were still alive or had descendants who knew about it, and what the maximum price the client was willing to pay was
Solve this matter.
After seeing off the client, Wang Mo came to Luo Bin's office. Luo Bin asked at this time: "In which direction do you think this project should be started?"
Wang Mo knew that this was Luo Bin's test, so he thought about it seriously before saying: "The most critical thing about this case is that our client did not intentionally infringe, and it has been an established fact for so many years. He also has a trademark
I have the patent in hand. If it goes to court, I guess the judge will consider it in this direction. I think the other party actually wants to get some compensation. Their current lion's mouth is just waiting for a price. The final result is either that we will privately
Reconciliation, or asking the judge for a lighter punishment after the trial. After all, the client just has no legal awareness and the procedures are not complete and others took advantage of it."
Luo Bin: "Then you definitely think we will lose?"
Wang Mo: "Of course not. What I just said is the way of thinking of ordinary lawyers. If it were you, I think you would definitely not lose. After all, you have never lost before."
Luo Bin was not satisfied with Wang Mo because he was flattering him, but said to him: "It's useless to flatter me here. What I'm looking at is your real material. If you can't satisfy me,
, I will also fire you."
Wang Mo also stopped smiling. It seemed that his flattery just now was offended. "I understand, Teacher Luo, I want to know more about the specific relationship between the other party and our client and what we are doing behind this."
I don’t know anything, but I think the other party must have encountered something. Otherwise, why didn’t he sue the client before, but chose to sue now? Also, there must be many neighbors who know the two families. I want to go.
Let's find out if anyone is still alive. If anyone is alive and can get his confession, it will be much more beneficial to us."
Luo Bin nodded with satisfaction, "That's pretty much it. He's still a qualified lawyer. Just do what you just said. I'll give you two days. No matter how much you learn, I'll read it before I get off work tomorrow afternoon.
to your harvest.”
"Okay, I understand, then I will go and work on Teacher Luo." Wang Mo nodded and said.
"Well, go ahead. You can move around freely these two days except for clocking in and out, but I want to see your results tomorrow."
After Wang Mo came out, he politely shouted as he passed by Li Na: "Sister Li Na!"
Every time Wang Mo met Li Na, he would greet her. Although Li Na just nodded to him every time without any extra enthusiasm, it did not dissuade Wang Mo from taking the initiative.
Wang Mo returned to the office of the interns. At this time, the eight new people also started their work. In fact, they had just started working. In the past few days, they had been familiar with everything in the company, including the partner lawyers they wanted to serve.
.
The desk next to Wang Mo was empty before, but now Fan Xiaotian is sitting there.
When Fan Xiaotian saw Wang Mo back, he said to Wang Mo in a somewhat reserved and flattering manner: "Hello, we met during the interview together that day."
Wang Mo smiled and said: "I know, your name is Fan Xiaotian, I remember you are a top student at Yanda."
Fan Xiaotian said embarrassedly: "How dare we say that we are top students in front of you, Mr. Fa!"
"Don't be nervous, it's just a joke. By the way, which teacher are you following?" Wang Mo asked.
When Fan Xiaotian heard this, he said excitedly: "It's Teacher Jose. I heard that his father is a famous professor at your Law University and someone who participated in the compilation of civil and commercial law."