introduction

Many people online shopping, a look at the brand, the second look at sales. Therefore, in order to attract customers, some merchants not only rely on famous brands, but also exaggerate sales. Recently, the Tianxin District People's Court notified a case of trademark infringement and unfair competition, a company in Changsha opened a "certain high-end bathroom store" selling "nine animal King" toilets, in order to attract customers, sales of only a few hundred but exaggerated to have sold 50,000 pieces. Jiumu Company then sued a Changsha company on the grounds of trademark infringement and unfair competition, and the court recently made a judgment.

 

 

 

Nine animal King is a well-known brand in the clothing industry, but have you ever seen the "Nine animal King" toilet? Changsha a company in the "Pin-more" platform opened a "certain high-end bathroom shop" sales "nine animal king" toilet, one of the commodity sales link shows "has been fighting 50,000 pieces", another link shows "has been fighting 5017 pieces".

 

The plaintiff Jiumu Kitchen & Bath Co., Ltd. is the owner of the "Jiumu" series of registered trademarks, and the approved use categories of these trademarks all include "toilet bowl". After years of publicity, promotion and use, it has a high reputation.

 

Jiumu Company then on the grounds that a company in Changsha constitutes trademark infringement and unfair competition. To the Tianxin District People's Court, asking it to compensate for economic losses and reasonable rights protection expenses of hundreds of thousands of yuan. The reason is that the "Nine animal King" logo in the toilet sold by the defendant is similar to the plaintiff's registered trademark "nine animal", which constitutes trademark infringement; The defendant fabricated the trading volume on the Pinduoduo platform, constituting unfair competition with false publicity.

 

A company in Changsha said in the defense that they are only sellers, their sales of the accused infringement of goods have legal sources, are purchased from the "leisure fish" platform, the "leisure fish" platform purchase records show that the title of their orders there are "nine animals" and "nine animals King" logo. In addition, the number of transactions in its Pinduoduo stores is actually only hundreds of pieces, of which more than 50,000 are obtained by brushing orders, and some of the actual transactions are refunded and replaced. Therefore, they contend that the logo used on the goods they sell does not resemble the Plaintiff's trademark, does not constitute trademark infringement, and does not constitute unfair competition.