On April 3, according to the China Judicial Documents network learned that the People's Court of Dongming County in Shandong Province made a judgment on the infringement of the exclusive right to use the "Jingui" registered trademark of Guizhou Alcohol Industry Co., LTD., and Guizhou Alcohol Industry Co., Ltd. was fined 150,000 yuan for infringing the trademark rights.
After market investigation, the company found that it was produced by Guizhou Alcohol Company and Yuekai Company set up a shop named "Yuekai Liquor Franchise Store" in Shanghai Xunmeng Information Technology Co., LTD., which sold Guizhou alcohol brand "Jingui" series of miso-flavor liquor. Through the outer packaging, it was judged that the product was an infringement product produced by the company, so it filed a lawsuit to the court.
The court found that on December 1, 2018, the plaintiff Flower Crown Company obtained the exclusive right to use the trademarks No. 1151018 and No. 8103479 by signing the Trademark Exclusive License Contract with the foreigner Jinxiang County People's Real Estate Co., LTD., and approved the use classification as Class 33. The series of trademarks are within the validity period and should be protected by law.
The court unsealed Guizhou alcohol Jingui liquor produced by Guizhou alcohol wine industry and conducted inspection. The court held that the defendant Guizhou Alcohol's split use of its own registered trademark on the products involved in the case belongs to the same registered trademark on the same commodity as the plaintiff Flower Crown Company, which infringes on the exclusive right to use the registered trademark. The defendant Yuekai Company's sale of the goods involved in the infringement of the exclusive right to use the registered trademark also belongs to the infringement of the plaintiff's exclusive right to use the registered trademark.
The court ruled that the defendant Guizhou Alcohol Industry Co., Ltd. immediately stopped producing and selling the goods that violated the exclusive right to use the registered trademark; The defendant Dongming Yuekai Food Co., Ltd. immediately stopped selling the goods that violated the exclusive right to use the registered trademark.
The defendant Guizhou Alcohol Industry Co., Ltd. and the defendant Dongming Yuekai Food Co., Ltd. shall compensate the plaintiff Huaguan Group Brewing Co., Ltd. for economic losses and reasonable expenses of 150,000 yuan and 10,000 yuan for stopping the infringement, respectively.
Most of the trademark infringements stipulated in China's trademark Law, the implementing rules of trademark Law and the judicial interpretation are based on the content or type of trademark infringement to determine the jurisdiction and subject of the case. Article 52 of the Trademark Law stipulates that one of the following acts is committed; All belong to infringement of the right to exclusive use of registered trademarks:
(1) Using a trademark identical or similar to its registered trademark on the same kind of goods or similar goods without the permission of the trademark registrant;
(2) Selling goods that infringe upon the exclusive right to use a registered trademark;
(3) Forging or without authorization manufacturing the registered trademark marks of others or selling the registered trademark marks forged or manufactured without authorization;
4. Without the consent of the trademark registrant. Replacing its registered trademark and putting the goods with the changed trademark back on the market. But in fact, the exclusive right of trademark protected by trademark law is exercised by the subject; Exercising different rights forms different rights subjects; The prescribed torts are all carried out by the subject, and the subject of different acts forms different torts. Therefore; To grasp trademark infringement from the point of view of the subject, it seems more beneficial to understand the relationship between the subject, the right of action and the responsibility.
A trademark is an important property of a company or enterprise, an important sign to distinguish it from other goods, and one of the most important ways for users to identify it, but the acquisition of a trademark must go through the prescribed procedures to obtain, so that other companies can not infringe on the registered trademark of the company. Trademarks are protected by law and registrants have the right to exclusive use. There is a difference between "registered trademark" and "unregistered trademark" in China. A registered trademark is a trademark that is protected by law after being registered by the relevant government departments, and an unregistered trademark is not protected by the trademark law. Source: Gold name label
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