On Monday, September 8, DuPont, the American chemical giant, announced a victory in a trade secret and trademark infringement dispute. The U.S. International Trade Commission (ITC) ruled that Xiamen Dansheng New Materials Co., Ltd. (Dawnsens New-Materials, also known as Dangs) is prohibited from selling or importing any products related to the DuPont Tyvek brand in the United States for the next ten years. The injunction took effect immediately and will be enforced by the ITC and U.S. Customs.
ITC also stated that they have approved an agreement voluntarily signed by Xiamen Dansheng, agreeing to abide by the aforementioned restrictions for a period of ten years. This marks a significant breakthrough for DuPont in a prolonged intellectual property dispute.
In 2024, DuPont filed a complaint with the ITC accusing Dansheng of stealing Tyvek technology secrets and infringing on trademarks. Tyvek is a synthetic material widely used in protective clothing, medical supplies, and industrial packaging, known for its tear resistance, breathability, and water resistance properties, with DuPont historically dominating the global market share.
DuPont asserted that Dansheng’s products imitated its design and technology, posing a threat to the company’s brand and market share.
The decision announced by the ITC indicates that Dansheng opted to voluntarily accept a consent order, committing to stay away from any Tyvek-related business activities in the U.S. market for the next decade. This signifies that DuPont’s core patents and trademarks will receive robust protection in the U.S. DuPont later released a statement saying, “We welcome this outcome and will continue to defend intellectual property globally.”
This case highlights the sensitive dynamics of trade and technological competition between the United States and China. In recent years, the U.S. has adopted a tougher stance on intellectual property disputes involving Chinese companies, intensifying scrutiny in areas such as semiconductors (chips) and chemical materials. Industry experts believe that this ruling is not only a victory for a single company but also reflects Washington’s policy background of promoting “decentralization of supply chains from China” and safeguarding domestic industry security.
Tyvek materials are widely used in medical protection, food, and logistics packaging, particularly crucial as key materials for personal protective equipment during the pandemic. Analysts suggest that this injunction may disrupt Dansheng’s positioning in the U.S. medical and industrial markets, serving as a warning to related manufacturers in China. With the joint oversight and enforcement by the U.S. ITC and Customs, should Dansheng violate the consent order, they may face hefty fines and criminal liability.
Similar cases include 3M suing Chinese manufacturers in the U.S. for counterfeit N95 masks and profiteering during the pandemic, ultimately obtaining court injunctions and related compensations. Experts point out that these multinational companies, by using legal means to safeguard intellectual property, have set an example for the global supply chain and underscored the importance of protecting core technologies in the healthcare and industrial materials sectors.