There are many "West Gate" electrical appliances, Siemens has sued the court
In fact, consumers want to buy Siemens appliances but bought back the "West door" is not a case. These users who buy "West Gate" electrical appliances are basically introduced to buy goods, and when they buy, the other party is introduced to "Siemens" and "big brand". In October last year, Ms. Wang of Zhengzhou also bought a "West door opening" for the new home to add a lampblack machine, and finally complained to the market supervision department.
In July last year, Shenzhen Siemens L & Auer Electrical Equipment Co. Ltd. was also sued by Siemens China for trademark infringement. In July last year, the Shenzhen Futian District People's Court held a trial of the plaintiff Siemens (China) Co., Ltd. against the defendant Shenzhen Ximen L 'Auer Electric Co., Ltd. and its legal representative Li Meili, a dispute over trademark infringement and unfair competition
As early as 2019, among the 10 typical cases of intellectual property judicial protection notified by the Henan Provincial High People's Court, a consumer selling gas stoves on an e-commerce platform uses the words "Germany Siemens" in the details of the product, and uses the words "Germany Siemens International Holding Co., LTD." in the packaging, physical materials and instructions of its products. The logo "SIEIMENS" was used in the promotional photo, more similar to the SIEMENS logo "Siemens". The court at that time held that the prominent use of the words "Siemens" and "SIEIMENS" in the gas stove was sufficient to cause confusion and misidentification of the origin of the goods by the relevant public; The unauthorized use of "Siemens" as an enterprise name is enough to confuse the relevant public and mistakenly associate its products and services with Siemens AG and Siemens (China) Co., LTD., which constitutes trademark infringement and unfair competition. In the end, the court ordered a halt to the infringement and compensation of 316,500 yuan.
A number of companies registered "west door" name
The online inquiry found that there is not only one company registered with "West Gate", but there are three that are still in normal operation at present, all located in Shenzhen. In addition to Shenzhen West Door Family Technology Co., LTD., there are also Shenzhen West Door Electrical Appliance Co., LTD., West Door (Shenzhen) Trading Co., LTD., which are registered between 2016 and 2017.
In addition, there are a number of enterprises that have been cancelled or dissolved are also named after "Ximen." Including Ximen Stoma (Shenzhen) Electrical Co., LTD., Shenzhen Ximen Stoma Construction Electrical Co., LTD., and Ximen Stoma (Hong Kong) Home Appliances Co., LTD., Ximen Stoma Electrical Appliances (Guangzhou) Co., LTD., Ximen Stoma Boxi Electrical Appliances Co., LTD., Germany Ximen Stoma International Group Co., LTD.
Siemens holds the trademark but has long since divested its appliance business
Siemens household appliances frequently encountered the siege of copycat brands, in fact, there are their own reasons. As early as 1967, Germany's Bosch and Siemens merged their home appliance businesses to form BSH Home Appliances, each holding 50% of the shares, by BSH Home appliances responsible for the independent production, sales, after-sales service of Siemens home appliances. Siemens has been divesting its traditional businesses in recent years, including selling its 50 percent stake in BSH Home Appliances to Bosch Group for 3 billion euros in 2014. After the completion of the transaction, Siemens fully divested the home appliance business. But the Siemens home appliance brand remains, operated by BSH. This means that BSH Group, which produces Siemens home appliances, does not own the "Siemens" brand, and Siemens Group, which controls the "Siemens" brand, does not participate in the operation of home appliances.
Perhaps it is this disconnect between brand and business that has created a blind spot in the market. Although Siemens Group has also cracked down on counterfeit "Siemens" cottage appliances in recent years, the efficiency is not high. A large number of "West Gate" companies were registered in 2016 to 2017 after Siemens divested its home appliance business.
"Near the big name" cottage appliances have flooded the e-commerce platform
In fact, this phenomenon of "near big name" cottage appliances in the home appliance market is not uncommon. And through the registration of brand-name household appliances trademark similar to the name of the enterprise, is an important means of cottage household appliances.
Some people in the industry introduced that many years ago, this situation was once rampant on some e-commerce platforms. In July 2018, a number of domestic home appliance brands negotiated with a large e-commerce platform, asking it to remove a large number of cottage appliances from the shelves. At that time, the e-commerce platform had just been listed on the Nasdaq for a few days, and its share price was seriously affected.
At that time, on the platform, Hisense Group's Ronshen refrigerator encountered "Roshelle refrigerator", the product was named from a company called "Shenzhen Rongsheng Household Appliances Co., LTD.".
There are a large number of home appliance enterprises named after "Rongsheng", including the revoked "Shenzhen Rongsheng Household Appliances Co., LTD.", "Shenzhen Rongsheng Household Appliances Co., LTD.", "Hong Kong (Shenzhen) Rongsheng Group Co., LTD.", registered in Hong Kong, China.
In this regard, industry insiders said that such cottage appliances have a long history, and with the gradual standardization of the e-commerce platform, it is mainly concentrated in some rural markets, and relevant departments need to increase their efforts to crack down. This also involves the issue of how to define infringement, such as the definition of the relationship between the trademark and the enterprise name, and the degree of similarity of the trademark logo, which still needs to be detailed. At the same time, some consumers should also increase their awareness of self-protection, especially when the product price is too low than the normal price, there may be problems, and do not have a lucky mind to take advantage of the bargain. This article is synthesized from the Internet
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