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Supreme Law issued 2016 ten major 10 cases of intellectual property infringement "Qingfeng" trademark and unfair competition dispute case

2017-4-26 23:05| Announcer: admin

Beijing Qingfeng Baozi shop and Shandong Qingfeng Restaurant Management Co., Ltd. infringement of trademark rights and unfair competition disputes [Supreme People's Court (2016) Supreme People's Court No. 238 Civil Judgment]

 

Case Summary:Beijing Qingfeng Baozi shop (hereinafter referred to as Qingfeng Baozi shop) to Shandong Qingfeng Restaurant Management Co., Ltd. (hereinafter referred to as Qingfeng Catering Company) against its trademark rights and constitute unfair competition on the grounds of civil action. Qingfeng Baozi shop Zhang Qingfeng catering company's legal representative Xu Qingfeng worked in the catering service industry, knowing that Qingfeng buns shop trademark and font name of the visibility, still use the "Qingfeng" size to set up catering companies, and in its official website, store door Head, menu, advertising on the use of "Qingfeng" or "Qingfeng Restaurant" logo, constitute a violation of Qingfeng Baozi shop trademark and unfair competition. Qingfeng Catering Company considers that it has the right to register the name of the legal representative of the company as the name and has the right to use the name of the enterprise registered by the business department according to law; the trademark of Qingfeng Baozi shop is not a well-known trademark, The registered trademark of the shop is neither identical nor similar. Jinan City, Shandong Province Intermediate People's Court of First Instance that Qingfeng catering companies use "Qingfeng" and its use of the same environment, and not from the font, size and color aspects of the use of its own name is reasonable use. Qingfeng buns shop in the celebration of the company registered and use its name when the business area and goodwill did not involve or affect the Jinan and Shandong, can not prove that the relevant public may be mistaken, it does not constitute a trademark of Qingfeng Baozi Of the infringement, the verdict dismissed Qingfeng Baozi shop litigation request. Shandong Province Higher People 's Court to maintain the first instance verdict. Qingfeng Baozi shop to the Supreme People's Court to apply for retrial, the Supreme People's Court after the trial that Qingfeng catering company constitutes a violation of Qingfeng Baozi shop trademark and abnormal competition, commuted to cancel the first instance, second instance verdict, Qingfeng catering company immediately stop infringement Trademark rights and stop the use of "Qingfeng" size and compensation Qingfeng Baozi shop economic losses and reasonable costs 50,000 yuan.

 

Typical meaning:This case deals with the conflict between the exercise of trademark rights and other rights, such as the name rights. Supreme People 's Court in the case clearly, citizens enjoy the legal name of the right, of course, can reasonably use their names. However, citizens shall not violate the principle of good faith when they use their names as commercial or corporate names. Know that others registered trademark or font size has a high visibility and influence, still registered with the same name of others business name, in similar goods or services highlighted with other people registered trademark or similar to the trademark or font size, with climbing others registered Trademark or font name of the malicious, easy to make the relevant public misidentification, its behavior does not belong to the legitimate use of the name, constitute infringement of others registered trademark exclusive rights and unfair competition. The Supreme Court further pointed out that, as in the case of the case, in the case of a registered trademark already has a high visibility, the use of Qingfeng company on the one hand easy to make the relevant public and its relationship with the Qingfeng buns shop confusion On the one hand, the goodwill created by it can only be attached to the "Qingfeng" brand, but in reality for others to do wedding dress, nor is it conducive to the development of their own business. On the contrary, the change in business name, you can through the integrity of business and advertising, improve corporate reputation and visibility, to create their own brand, get a win-win situation.

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