In this case, the plaintiff, Henan Xintiandi Anticorrosive and Waterproof Engineering Co.,Ltd., filed a lawsuit request: 1. According to law, the defendant, Xintiandi Waterproof and Anticorrosive Insulation Engineering Co.,Ltd., shall be ordered to stop using the plaintiff's enterprise name “Xintiandi” immediately, and the plaintiff shall be compensated for the economic loss of 100,000 Chinese yuan. 2. The defendant shall bear the litigation costs of the case.

The court held through the trial that according to article 6 (1) of the Interpretations of the Supreme People’s Court on some issues concerning the Application of law in the Trial of civil cases of unfair Competition, the name of an enterprise that is well-known in the market and known to the relevant public may be recognized as the “enterprise name” stipulated in Article 6 (2) of the Anti Unfair Competition Law. The plaintiff’s name “Xintiandi” has enjoyed considerable market popularity and been known to the public after being used and widely publicized. Therefore, the plaintiff’s name “Xintiandi”can be recognized as the “enterprise name” stipulated in Article 6 (2) of the Anti-Unfair Competition Law.

Article 6 (2) of the Anti Unfair Competition Law stipulates that the unauthorized use of enterprise names (including abbreviations, brand names, etc.), names of social organizations (including abbreviations, etc.) and names (including pseudonyms, stage names, translated names, etc.) that have a certain influence on others is an act of unfair competition to mislead people into thinking that it is a commodity of another person or has a specific connection with another person. In this case, the plaintiff was established in March 2005 and has been engaged in building waterproof, anticorrosive and thermal insulation projects. Now it has 84 branches and its business covers all over the country. The defendant was registered on August 24, 2015 and was established after the plaintiff. The business field of both the plaintiff and the defendant belong to the anticorrosive and waterproof engineering industry, and the two parties are bound to have competitive relations in the same industry. Moreover, according to the facts ascertained by the court, both parties bid for the project contracted by Lianyungang Ruicheng Construction Engineering Co.,Ltd., an outsider, and the two parties have already had a competitive relationship. The defendant used the plaintiff’s name “Xintiandi” when registering his enterprise name, instead of using the name “Tiandi” of his affiliated enterprise, Henan Tiandi Construction and Waterproofing Engineering Co.,Ltd., its subjective maliciousness of attaching to the popularity of the brand “Xintiandi” was obvious, which is bound to confuse the source of the brand name objectively. It would inevitably confuse the relevant public with regard to the source of the brand name, violate the aforementioned legal provisions, infringe upon the plaintiff’s right to the previous enterprise name and its right to the enterprise name, which belongs to the unauthorized use of another’s enterprise name and constitutes an act of unfair competition.

The court ruled as follows:
1. The defendant Xintiandi Waterproof and Anticorrosive Insulation Engineering Co.,Ltd. shall immediately stop the unfair competition of using the enterprise name "Xintiandi" of Henan Xintiandi Anticorrosive and Waterproof Engineering Co.,Ltd.
2. The defendant Xintiandi Waterproof and Anticorrosive Insulation Engineering Co.,Ltd. shall compensate the plaintiff Henan Xintiandi Anticorrosive and Waterproof Engineering Co.,Ltd. for economic losses of 20,000 Chinese yuan within ten days after this judgment becomes effective.
3. Other claims of the plaintiff Henan Xintiandi Anticorrosive and Waterproof Engineering Co.,Ltd. was dismissed.