Is "Huaxizi" infringing "HuaXizi" infringing? Court: It does not constitute an act of trademark use

A cosmetics company was established in 2015, the main business for the manufacture and sale of makeup, the West Lake as inspiration to apply for and obtained the "flower west" registered trademark, after years of use and publicity, the trademark has a certain brand awareness. A cosmetics firm is an individual business selling cosmetics. A cosmetics company found that when a cosmetics company sold beauty products on the website, it split the trademark "Huaxizi" and used the words "Huaxizi" and "Xizi" in the product title together with the text of its product description (name, category, specification, use, etc.).

2022-11-17

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"Kuaishou" was recognized as a well-known trademark, "Heilongjiang Kuaishou little yellow car" was recognized as infringing

A cosmetics company was established in 2015, the main business for the manufacture and sale of makeup, the West Lake as inspiration to apply for and obtained the "flower west" registered trademark, after years of use and publicity, the trademark has a certain brand awareness. A cosmetics firm is an individual business selling cosmetics. A cosmetics company found that when a cosmetics company sold beauty products on the website, it split the trademark "Huaxizi" and used the words "Huaxizi" and "Xizi" in the product title together with the text of its product description (name, category, specification, use, etc.).

2022-11-13

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Copyright case | Just watched half of the show, watch the show APP disappeared......

In early May 2020, the defendant Xiong believed that the "Korean drama TV" brand owned by outsiders had better benefits, so he transferred it to his own management after discussion. Immediately, the defendant Xiong contacted the defendants Li Mou and Huang Mou, and the three conspired to launch the APP in the mobile application market, put a large number of infringing Korean dramas, Korean variety shows and other film and television works online, and collect advertising fees by placing advertisements in the APP and film and television works.

2022-11-09

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| Case of trademark invalidation of "Love Youku" No. 18744927

Applicant: Youku Network Technology (Beijing) Co., LTD. Respondent: Shanghai Fangni International Trade Co., LTD. Disputed Trademark: The respondent applied for registration in December 2015, obtained registration in February 2017, approved the use of goods: Category 5 Baby diapers, baby diapers, disinfectant wipes, medical nutrition products, insect insecticides, sanitary napkins, sanitary pads, tissue paper impregnated with medicinal liquid, baby food, diapers for incontinence. The applicant's main reason: the applicant's "Youku.com" has gained a high reputation after long-term publicity and use.

2022-11-05

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32.4 million! Yunnan worm Valley IP dispute Tiktok was awarded a record amount of damages to Tencent

On October 26, Xi 'an Intermediate People's Court made a judgment of first instance on the lawsuit filed by Tencent on September 22, 2021, alleging that Tiktok infringed the copyright of Yunnan Worm Valley and unfair competition. The court held that Tiktok, as a platform, should undertake corresponding management obligations for the infringing content on its platform. At present, there are still a large number of users on the platform who have infringed on the works involved. Tiktok's failure to immediately take effective measures to delete, filter and intercept the relevant videos is an aid to infringement, and it must compensate Tencent for economic losses of more than 32.4 million yuan (an average of 2 million yuan per episode) and reasonable litigation costs of 426,931 yuan.

2022-11-03

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The establishment of a boutique under false authorization may constitute trademark infringement and unfair competition

The Court of second instance held that without the permission of HBI Company, the owner of the registered trademark of "Champion" brand, Weisi Company opened a number of "Champion" brand stores and sold counterfeit "Champion" brand products, which constituted infringement of the exclusive right to use the registered trademark of HBI company and unfair competition. The qualitative conduct of Jinshuangniu Company in this case should be reflected in the following aspects:

2022-11-02

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"Walnut" music restaurant trademark rights, Taixing a restaurant was fined 120,000 yuan!

Food, wine, music... These elements come together to form a popular music restaurant. A restaurant in Taixing has been ordered to pay 120,000 yuan in compensation for trademark infringement and unfair competition, according to a ruling issued by the Taizhou Intermediate People's Court. 1. Brief description of the case A Walnut music restaurant in Nanjing illegally used the walnut trademark and was sued in court. Many young people are no strangers to Hu Taoli Music restaurant, which was founded in Shenzhen, Guangdong Province, and has opened stores in about 200 cities across the country in recent years. Its trademark owner is Shenzhen Helongitudinal Culture Co., LTD. (hereinafter referred to as "Helongitudinal Company").

2022-11-01

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Shenzhen a company accused of infringement, just because there is no cancellation ICP record!

This case is a dispute over infringement of the right of information network dissemination of works. In October 2021, Beijing Company A found that A website was illegally spreading many of its copyrighted works. After inquiring the ICP record information, Company A confirmed that the infringer was Company B, which is mainly engaged in home decoration in Baoan District, Shenzhen, so Company A filed a complaint against Company B to the People's Court of Baoan District, Shenzhen. Ask B company to stop the infringement and compensate for the economic loss of 50,000 yuan.

2022-10-31

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The establishment elements of the legal source defense are discussed in the "Intelligent Story Machine" case by the interpretation of the case |

The defendant Qianghua Products Store believes that the accused infringing products sold by it have legal sources and should not be liable for compensation. The Beijing Intellectual Property Court held that the Qianghua product store submitted the order page screenshot of the 1688 e-commerce platform, the enterprise information of Yamei Electronic factory and the "Letter of Authorization" and other evidence, the recipient of the order Li Yongqiang and Qianghua product store operator Zhong Rihua husband and wife relationship, The delivery address and the business premises of Qianghua product store are all in the Hakka New World, Meixian District, Meizhou City

2022-10-31

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Case review | Whether the processing of goods bearing another person's registered trademark constitutes trademark infringement

On December 14, 2014, Jiangzhong Pharmaceutical Group approved and registered the trademark No. 13055691 "Monkey Mushroom", which is valid until December 13, 2024. On June 28, 2015, Jiangzhong Pharmaceutical Group approved the registration of the trademark No. 14717187 "Jiangzhong Monkey Mushroom", which is valid until June 27, 2025. The above two trademarks are approved for use on Class 30 goods: coffee; Chocolate drinks; Tea; Tea beverage; Sugar; Honey; Pollen fitness cream; Cookies; Cake; Pancakes; Food made from grain flour; Macaroons (pastries); Bread; Pies (pastries); Pastries; Oat food; Breakfast foods made from grains, dried fruits and nuts;

2022-10-28

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