Beijing Tong Ren Tang (Usa) Corp. v. Trt USA Corp.

ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE AND GRANTING IN PART PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Plaintiff Beijing Tong Ren Tang USA Corp. (“Beijing TRT”) brings this action alleging unfair competition, false designation of origin, and trademark infringement by defendants TRT USA Corporation (“TRT USA”), and Guangming Sun (“Sun”), Mei Xu (“Xu”), and Pengtao Zhang (“Zhang”), who are officers and directors of TRT USA. Beijing TRT now moves for a preliminary injunction to enjoin defendants from using the trademarks of China Beijing Tongrentang Group Co., Ltd. (“China Beijing TRT Group”). Beijing TRT objects to and moves to strike portions of Sun’s declaration submitted in opposition to the motion for a preliminary injunction. For the reasons stated below, the court grants the motion to strike and grants the motion for preliminary injunction in limited respects.

I. BACKGROUND

“Tongrentang” was established in 1669, and now, under the name “Tong Ren Tang,” it is a well-known brand of traditional Chinese medicine. The rights to exploit the Tong Ren Tang brand are presently controlled by China Beijing TRT Group. It offers over 1,000 products in 26 forms. In the 1990s,…