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Supreme Law issued 2016 ten largest 10 cases of intellectual property rights "You Are the One" trademark infringement case

2017-4-26 23:06| Announcer: admin

Jiangsu Province, radio and television stations, Shenzhen City, Jane love network Information Technology Co., Ltd. and Jin A Huan trademark infringement dispute case[Guangdong Provincial Higher People's Court (2016) Guangdong people again 447 civil judgment]

 

Case Summary:February 16, 009, Golden A Huan to the Trademark Office to apply for registration "You Are the One" trademark, and in September 7, 2010 was approved, approved services for the 45th category, including "dating services, marriage agency" and so on. Jiangsu Province, radio and television station (hereinafter referred to as Jiangsu TV) under the Jiangsu TV in 2010 opened a marriage and dating as the theme, entitled "You Are the One" TV program. Shenzhen Zhenxin Network Information Technology Co., Ltd. (hereinafter referred to as love network) for the "You Are the One" program selected blind date object, to provide advertising marketing services, and in Shenzhen to recruit guests, the registration site located in Shenzhen Nanshan District. Jin A Huan to Jiangsu TV and cherish the infringement of its registered trademark exclusive right to the Shenzhen Nanshan District Court to sue, the court ordered the Jiangsu TV channel immediately stop using the "You Are the One" column name. The Court of First Instance held that the "You Are the One" TV program, although related to marriage and dating, but after all, is a television program, the relevant public generally believe that there is no specific link between the two, not easy to cause public confusion, does not constitute infringement. Shenzhen Intermediate People's Court of the second instance that, from the Aizhiduo program profile, opening remarks, concluding remarks, as well as to participate in the application conditions, the activities of male and female guests interactive content, as well as the SARFT issued a document, media comments, can be identified as blind date, The registration of the registered trademark of the "dating, marriage introduction" service the same, constitute infringement. Guangdong Provincial Higher People's Court retrauded that the "Dating Service and Marriage Introduction" approved by the non-Shing TV program and the registered trademark of JA Huan were differentiated between the purpose, content, methods and objects of the service, and the general public awareness, Can clearly distinguish between the content of television entertainment programs and the reality of the matchmaking service activities, so the two do not constitute a similar service. Jiangsu TV on the "You Are the One" logo use, does not constitute a violation of the registration of trademark rights, so revoke the second instance verdict, to maintain the first instance verdict.

 

Typical meaning:This case deals with the relationship between the name of the television program and the trademark. The case has also received widespread attention because of the popularity and popularity of the infringing allegations of infidelity. Retrial verdict on whether the TV program name is a trademark use, how to treat the relationship between television programs and content themes, how to determine the TV program category of services and other issues in-depth analysis. Judgment that can not be simple, isolated television programs or a certain form of content from the overall program to separate, but should be a comprehensive study of the overall and main features, to grasp the nature of their behavior, to make a reasonable identification. At the same time, the judgment is based on the purpose of the Trademark Law and the possibility of confusion and misunderstanding of the relevant public as a criterion for the constitution of trademark infringement. The scope of the protection of the registered trademark and the protection of the trademark should be consistent with the contribution of the trademark owner to the prominence and visibility of the trademark, but also reflects the proportion of the coordination of intellectual property judicial protection and innovation "Judicial policy.

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