Is online shopping infringing when the goods are not even shipped?
The plaintiff a glass products company is the patentee of a wine bottle design patent, and the plaintiff believes that the defendant a winery company manufactured and sold a "lightning wine" (referred to as the accused infringing product), the accused infringing product completely falls within the scope of the plaintiff's patent protection, constituting a violation of the plaintiff's patent right.
2023-02-24
Guangdong High Court issued six typical cases of intellectual property crimes
Typical criminal cases of intellectual property rights in Guangdong courts 1, Yan and others counterfeiting registered trademarks - punishing the trademark crime of "second-hand refurbished" electrical appliances disguised as "original genuine products" 2, Yang Moumou, Wang Mou copyright infringement case - Combating the crime of online film and television works piracy 3, PI Moumou trade secret infringement case - Punishing the crime of former employees violating the technical secrets of the original enterprise Four, Dong Mou and others counterfeit registered trademark case - severely punish the crime of manufacturing and selling counterfeit registered trademark masks Five, Wang Mou's sale of counterfeit registered trademark case - Combat electric bullet window new form of trademark crime Six, Gao Mou repeatedly sold counterfeit registered trademark case - punish the trademark crime of live broadcasting with goods to know fake sales
2023-01-04
Galima Company claims that the product accused of infringement adopts the design of the appearance patent No. ZL202030343224.9, and its behavior does not constitute infringement. In this regard, the Court of second instance held that Article 23 of the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Disputes (II) provides that: "Where the alleged infringing technical scheme or design falls within the scope of protection of the prior patent right involved, and the accused infringer argues that his technical scheme or design has been granted a patent right to not infringe the patent right involved, the people's court shall not support it."
2022-12-16
Recently, the Beijing Intellectual Property Court concluded a case concerning "Jager" trademark infringement and unfair competition. After trial, the court ordered the three defendants, Shenglola (Qingdao) Wine Co., LTD. (referred to as Shenglola Company), Hefei Puyuan Trading Co., LTD. (referred to as Puyuan Company), and Sing Mou to immediately stop trademark infringement and unfair competition, and publish a statement to eliminate the impact. And compensate the plaintiff Master Zagamist European Company (referred to as Master Company) economic losses, punitive damages, reasonable expenses of more than 10 million yuan.
2022-12-16
Galima Company claims that the product accused of infringement adopts the design of the appearance patent No. ZL202030343224.9, and its behavior does not constitute infringement. In this regard, the Court of second instance held that Article 23 of the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Disputes (II) provides that: "Where the alleged infringing technical scheme or design falls within the scope of protection of the prior patent right involved, and the accused infringer argues that his technical scheme or design has been granted a patent right to not infringe the patent right involved, the people's court shall not support it."
2022-12-11
Recently, according to the Guangdong Provincial High People's Court news, the game "My World" agency, v. the game "Mini World" development company, infringement of its copyright and unfair competition case final judgment. The court found that "Mini World" development company "Shenzhen Mini Play" constituted unfair competition, ordered it to delete 230 infringing elements in the game, and compensate "Minecraft" agency "NetEase" 50 million yuan.
2022-12-07
Recently, the Daye Court heard a copyright infringement dispute case, and ordered the defendant a department store to stop the infringement and compensate for the loss. The defendant removed the online shop "Big Monkey King" related bronze statues. The plaintiff Lu Mou's artwork "Monkey King of the Great Sage" and "Cartoon Jingsi Monkey King", which was created and completed from August to September 2018, was first published on September 30, 2018 and October 1, 2018, respectively, and has been registered as copyright.
2022-12-06
The use of "Beijing Erguotou" was convicted of infringement
The story starts with two enterprises Beijing Red Star Co., LTD. (hereinafter referred to as Red Star Company) Xianghe Jingyun Distillery (hereinafter referred to as Jingyun Distillery) In 2018, Red Star found that the packaging of wine products produced by Jingyun Distillery and Red Star Company's No. 4600693 three-dimensional graphic trademark, whether from the overall composition or local information to compare, Both constitute substantial similarity and are suspected to constitute trademark infringement.
2022-12-05
Guangzhou Weimanduo Catering Enterprise Management Co., LTD. (hereinafter referred to as Weimanduo Company) registered a number of trademarks ""," ", ""," and ". As of May 2018, Weimando has opened more than 50 "Tart Lime" hand tart lemon tea drink stores in Guangzhou, and the tea product packaging and decoration with "" pattern have been used and promoted for a long time, and have gained certain popularity. The trademark registered or authorized to be used by Guangzhou Shangyi Brand Operation Co., LTD. (hereinafter referred to as Shangyi Company) is "" "", but the company uses "" "" logo in its model store and official website promotion, and authorized Guangzhou Dele Catering Co., LTD. (hereinafter referred to as Dele Company) on shop signs and beverage packaging.
2022-11-28
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