Shandong Zibo barbecue, Guangxi Liuzhou Luosifen, Guangdong Maoming litchi longan, Guangdong Xuwen pineapple... In recent years, the brand value of geographical indications has been continuously improved, and it has gradually become a "beautiful business card" of regional characteristic products. However, it has attracted the covetous of some lawless elements, unauthorized use of geographical indications to prove trademarks on the online shop, malicious attachment to well-known brands, damage the legitimate rights and interests of trademark owners, and the protection of intellectual property rights in cyberspace deserves attention.
Review of the case
The famous Special Association said that "Lipu Taro" is an approved registered geographical indication certification trademark, which is used to prove the origin region and specific quality of "Lipu taro". The trademark was approved for registration on April 21, 2000, for the approved use of goods in the Class 31 "Taro" category, and the validity period has been renewed until April 20, 2030.
Zhou argued that the taro sold was purchased from a wechat user "Guangxi Lipu Xiangyuan fruit and vegetable planting professional" for resale, and submitted wechat chat screenshots and 5,480 yuan transfer records.
Judicial decision
The electric white court held that the case was a dispute over trademark infringement. As the owner of a registered trademark (geographical indication certification trademark), the exclusive right to use the registered trademark enjoyed by the plaintiff shall be protected by law during the validity period of the registration of the trademark. Different from general goods or service marks, geographical indications prove that the pointing relationship established by the trademark is not between the goods (or services) and the trademark registrant, but between the goods (or services) and their place of origin, as well as the specific qualities and characteristics formed by the natural factors and human factors of the place of origin.
Although the defendant argued that the taro sold was produced in Lipu City, there was no sale contract and purchase certificate, and the evidence submitted was not enough to prove that the taro sold was produced in Lipu City, and the goods sold did not have a legitimate reason to use the "Lipu taro" logo. Therefore, the court found that the goods involved belong to the goods that infringe the exclusive right of the plaintiff to use the registered trademark. The defendant, without the plaintiff's permission, sells goods that infringe the plaintiff's exclusive right to use the above registered trademark, which constitutes trademark infringement, and shall bear civil liabilities such as stopping the infringement and compensating for losses according to law. Since the defendant took the initiative to delete all the expressions and signs of "Lipu taro" in the title and publicity page of the products involved in the online shop, the plaintiff claimed that the defendant's appeal to stop the infringement was unnecessary, and the court rejected it.
As for the amount of compensation, the plaintiff did not provide evidence to prove the actual losses suffered by the defendant or the benefits gained by the defendant due to the infringement, the court comprehensively considered the scale, nature, consequences of the defendant's infringement, the popularity of the trademark involved, the reasonable expenses paid by the plaintiff to stop the infringement and other factors. According to the law, the defendant Zhou compensated the plaintiff for 6,000 yuan of economic losses including reasonable rights protection costs.
Judge's statement
According to the Trademark Law and other relevant laws and regulations, the use of trademarks refers to the use of trademarks in commodities, commodity packaging, containers, service places and transaction documents, or the use of trademarks in advertising, exhibitions and other commercial activities to identify the source of goods or services. The defendant used the word "Lipu taro" in the online shop product promotion, which is easy to cause consumers to misidentify the source of the goods and damage the plaintiff's interests, which constitutes trademark infringement and needs to bear infringement liability.
It is worth noting that the infringement mode of the case is the unauthorized use of "Lipu taro" on the publicity page and link title of the online shop. In this remind the online shop merchants in the setting of link title, publicity page, search keywords, should do their duty of reasonable care, avoid the trademark of the right holder, can not mislead the audience, the infringement of intellectual property rights of others, or will face legal punishment. Source: Landmark Intelligence
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