Recently, the Harbin Intermediate People's Court concluded the case of infringement of trademark rights and unfair competition between Beijing Kuaishou Technology Co., LTD., Beijing Dajia Internet Information Technology Co., Ltd. and Heilongjiang Kuaishou Xiahuangche Agricultural Technology Co., LTD. The judgment clarified the criteria for the recognition of well-known trademarks and the considerations of the necessity for the recognition of well-known trademarks.
The court held that Dajia Company, Beijing Kuaishou Company No. 15487460 "Kuaishou", No. 14439348"
”Trademarks in online social network services, video clips, entertainment, entertainment information and other categories have reached a fairly well-known objective, but the goods and services used by Heilongjiang Xiaohuang Car Company belong to different categories, the premise of determining whether the infringement of registered trademark rights lies in whether the aforementioned trademarks need to be identified as well-known trademarks and cross-class protection.
First of all, the "Kuaishou" trademark objectively has a high visibility, known to the public. The Internet industry has the characteristics of rapid information dissemination, and in the era of mobile Internet, users' time is fragmented, smart phone hardware and software technology is becoming more mature, and short videos directly transmit information through dynamic vision and three-dimensional hearing, catering to the internal and external conditions such as the needs of contemporary young people to highlight their individuality, show themselves, and gain attention and recognition. To promote the short video in the era of mobile Internet can carry out rapid and large spread and diffusion. "Kuaishou short video" has accumulated a very high market visibility, is well known by the majority of consumers, has been identified as a well-known trademark of the fact basis.
Secondly, this case has the necessity of identifying well-known trademarks. Heilongjiang yellow car company used“
”Logo, actually play the product source function, consumers see the logo is easy to associate with the "Kuaishou" trademark and its right holder, is the improper use of the "Kuaishou" trademark in fact has a strong market reputation and market influence, cut off the "Kuaishou" trademark and the right holder established the only directional link, this case has the need for well-known trademark protection.
Third, in essence, "Kuaishou" provides network social services, and consumers' cognition of "Kuaishou" lies more in the massive information it can provide and the self-identification and mutual interaction obtained in the process of uploading or watching videos. Dajia Company and Beijing Kuaishou Company have been approved to register in the Class 41 video editing, entertainment, entertainment information. And the trademark claims on Class 45 online social networking services are well-known trademark protection, and the court supports it.
In addition, the court held that in modern commercial society, operators should consciously follow the principles of fairness and good faith in production and business activities, and abide by the law and business ethics. Give full respect to the goodwill accumulated by others in the prior business operation, and make necessary avoidance on the logo to avoid consumers from having relevant associations, so as to seize the commercial interests that should belong to the right holder.
In summary, the court ruled that the defendant Heilongjiang Kuaishou Xiaohuang Automobile Agricultural Technology Co., Ltd. should stop the infringement and compensate for economic losses and reasonable expenses. (Source: Zhizhi)
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