"Sophia" is a familiar household brand with stores all over the country. The growth of enterprises is followed by not only the rise in performance, but also the headache of brand rights protection.
Sophia Home Co., LTD. (referred to as Sophia Company) was established in 2003, the main products are cabinet customized home. Since 2016, the company has found that three companies in Hunan have used "Sophia", "Sophia Wooden door" and "Sophia wooden door" on the same or similar product doors/wooden doors as Sophia without authorization. Sesame Blossom "trademark and product promotion and sales, website construction, investment, etc., resulting in consumer confusion and misidentification. Sophia then filed trademark infringement and unfair competition lawsuits against the three companies.
Examination of trial
01 Malicious registration
The picture shows the infringing trademark involved
result of judgment
The court ordered the defendant to stop the infringement, make a public apology and pay the amount of compensation of 8 million yuan and the reasonable cost of rights protection of 363,229 yuan.
The court of second instance upheld the original decision.
After the decision took effect, the defendant published an apology in China Intellectual Property News.
Law link
Trademark Law of the People's Republic of China
Judge's statement
Trademark right is not only an important intangible asset, but also the core competitiveness of an enterprise. In recent years, enterprises have encountered trademark infringement and unfair competition from time to time, and insist on fighting against various malicious infringements to the end, not only to safeguard the legitimate rights and interests of their own brands, but also to protect the rights and interests of consumers, so that consumers can easily buy high-quality and reliable products, and promote a healthier and more orderly market development. On the contrary, the purpose of carrying the big brand express to achieve the fast consumption of products and services seems to be to make quick money, but it will eventually escape the bitter fruit of infringement compensation.
Source: Guangzhou Haizhu Court
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