Abby Xu is a Senior Associate focusing on intellectual property disputes and compliance. She has extensive experience in fact investigation and evidence development, legal research and litigation strategy, drafting pleadings and briefs, and courtroom advocacy. She is particularly skilled at developing systematic offensive and defensive approaches in high-conflict matters and cases with challenging facts or procedural disadvantages. Multiple matters she has handled have been selected as typical cases on judicial protection of IP rights by the Supreme People’s Court and by courts in several provinces. Drawing on years of practice, she has developed a methodology she refers to as the “Litigation Net Theory.”

In non-contentious matters, she advises on trademark portfolio management, IP and advertising compliance, legal training, and brand crisis response, and has provided tailored training and compliance support to a range of domestic and multinational clients.

She maintains a strong interest in emerging issues and in translating research into practice, with a sustained focus on online games, platform liability for AI products, and legislative updates. She has published over 20 articles in leading journals and widely read industry media outlets, and has been invited to teach graduate-level courses at universities including Shanghai Jiao Tong University, East China University of Political Science and Law, Xiamen University, Communication University of China, South China Normal University, and Zhongnan University of Economics and Law.

Publications (Selected / Recent)

• New Wine in Old Bottles: Accessibility Service Calls by Mobile AI Agents and Unfair Competition Analysis, 2025-12-17 

• From “Breakthrough” to “Correction”: Reflections on Judicial Application of the ‘Other Intellectual Achievements’ Clause in Online Game Cases, 2025-08-16

• China's Courts Reject Copyright For Game Rules: Lessons From The 'Infinite Borders: Three Kingdoms' And 'Rise Of Kingdoms' Cases，2025-08-24 

• On the Civil Actionability of the New “Anti-Involution” Clause in China’s Anti-Unfair Competition Law,2025-07-30 

• When All Seems Lost: How Thailand's Leading Energy Drink Brand "M-150" Defeated China's Most Sophisticated Trademark Squatting Syndicate，2025-07-24 

• A Brief Study on China’s Evolution from “Notice-and-Takedown” to “Notice-and-Necessary Measures”，2025-10-09 

• Revisiting Copyrightability of Game Rules: Misalignment Between the Idea–Expression Dichotomy and Originality，2024-05-31

• New Rules on Service Abroad: In-depth Analysis of the 2023 Amendments to the PRC Civil Procedure Law and Practical Suggestions,2023-09-04   

• Discretionary Damages Must Be Truly Discretionary and Quantified: Insights from a 10M+ RMB Online Game Infringement Case，2023-06-26 

• Copyright Issues in the Communication of Sports Event Programs During the Beijing Winter Olympics，2022-02-15 

• On the Unification of ‘Malice’ and ‘Intent’ in Punitive Damages for IP Infringement，2021-01-25 

• Analysis of Registrability of Single-Color Marks Limited to a Specific Position，2019-01-09 

• Standards and Takeaways for Determining Customer Lists as Trade Secrets, 2018-12-14 

• A Study on Copyright Issues in Live-Streaming of Online Games，2017（1）

• On the Determination of Equivalent Technical Features: Observations from the Mobike Patent Infringement Case，2017（2）

2025 — IPR Daily: Young IP Talent in the Yangtze River Delta

2024 — LEGALBAND: Top 30 Under 30

 Trademarks & Likelihood of Confusion / Unfair Competition

• M-150 (Thailand) vs. a professional trademark squatting syndicate and affiliated infringers — copyright and unfair competition action addressing trademark squatting, infringement, and bad-faith enforcement targeting the M-150 energy drink brand in China; achieved a turning-point win. Recognized as Zhejiang Courts’ 2024 Typical IP Protection Case and shortlisted for the 2025 Golden Thread Award.

• Chr. Hansen “LGG” / “BB-12” trademark infringement and unfair competition (influential product name) dispute — selected by the Supreme People’s Court (SPC) as a 2022 Annual Outstanding Case, and as one of the 2022 Top 10 Most Research-Value IP Judgments; later included in Selected Cases of the People’s Courts (SPC compilation) in 2024.

• Unisplendour Group vs. Shenzhen Ziguang Lighting — trademark infringement and unfair competition; clarified that well-known mark protection is not automatic cross-class or absolute; upheld the defendant’s 16-year use of enterprise name and registered marks; selected as the only defendant-side case in Guangdong’s 2023 Top 10 Typical Cases for Key Trademark Protection. 

• Smiths vs. “Shimaisi” — trademark infringement litigation achieving the first civil recognition of well-known status/strength for two Smiths marks; injunctive relief against a counterparty’s long-registered mark and trade name; total damages RMB 5.65 million.

• Representation of Xiaoguancha (Xiao Guan Tea) in trademark administrative and civil litigation to protect distinctiveness; in a trade dress (packaging/get-up) unfair competition action against copycats, the court awarded RMB 3 million in damages. 

• China Grain Reserves Group (SINOGRAIN) vs. Dalian Guangrong Trading — civil action against unauthorized use of “SINOGRAIN” as enterprise name and domain name squatting; first trademark enforcement case for the client; recognized “SINOGRAIN” as an English name with certain influence; damages RMB 2.10 million.

Copyright (Online Games / Short Dramas / Online Literature) & Platform Liability

• Online game dispute (second instance): as a core team member in representing “Rate of Land (率土之滨)” vs. “Romance of the Three Kingdoms: Strategy (三国志·战略版)” in copyright infringement and unfair competition litigation with significant industry impact; completed 200,000+ words of legal research on game work categorization, copyright protection of game rules, and unfair competition protection for game rules. 

• Short drama: represented Douyin in enforcement actions regarding copyrighted works in Hongguo Short Drama, targeting a well-known browser’s contributory infringement for facilitating piracy websites. 

• Online literature: defended a well-known mobile phone brand in litigation arising from piracy of online novels via the pre-installed browser; shifted from defensive to proactive posture by challenging plaintiff standing and ownership. 

Commercial Disparagement / Reputation & Defamation

• Represented a leading intelligent logistics robotics brand in commercial disparagement litigation against a competitor; obtained a comprehensive win that became a key turning point for broader settlement leverage after prior patent setbacks. The related patent settlement was selected among the “100 Typical Cases for the 5th Anniversary of the SPC IP Tribunal” (category: proactive justice) and was specially reported by the People’s Court Daily. [Link / Reference if available]

• Represented a well-known security door brand in a commercial disparagement dispute; achieved withdrawal of the plaintiff’s claims. 

• Represented a well-known tea brand in a defamation action concerning posts published by a WeChat self-media account.

Internet Unfair Competition

• Defended a leading internet enterprise in an unfair competition action and achieved a comprehensive win where the opponent claimed RMB 24 million; addressed the delineation between competition interests protected by the Anti-Unfair Competition Law and static contractual interests; filed a contract dispute action against the plaintiff during defense to reverse the procedural posture.

• Represented a well-known mobile phone brand in a high-stakes unfair competition action (claimed amount RMB 90 million) concerning alleged technical interference implemented by an application developed by a well-known internet company. 

• Defended a well-known mobile phone brand in an internet unfair competition dispute initiated by a game distribution app. 

• Defended a well-known mobile phone brand in a series of unfair competition disputes concerning media accounts in information-feed scenarios.

Compliance Advisory & Training (Selected)

• Advised a European pharmaceutical and food company on labeling, counterfeit registered trademarks, and “absolute advertising terms”; communicated with the Shunyi District Market Supervision Administration and local regulator offices and achieved favorable outcomes.

• Delivered nationwide advertising compliance training to executives and franchisees of a globally renowned hotel chain, receiving strong feedback across regions.

• Provided a well-known mobile phone brand with comprehensive copyright compliance and risk assessment for internet products and AI applications.

• Delivered training on platform copyright liability for AI products to a well-known mobile phone brand.

• Delivered training on amendments to the Anti-Unfair Competition Law for a well-known real estate enterprise.