Brief of the case
"Millet" is a well-known domestic brand familiar to the public. Based on the brand value and market influence of "millet", there are online stores trying to "side" the famous brand, and frequently use the "millet" trademark in the sale of household appliances such as bath ba, heater, flat lamp and cool Ba products.
Recently, The Shanghai Intellectual Property Court (hereinafter referred to as the Shanghai Intellectual Property Court) made a judgment of first instance on the dispute over trademark infringement and unfair competition between the plaintiffs Xiaomi Technology Co., LTD. (hereinafter referred to as Xiaomi Technology Co., LTD.) and Xiaomi Communication Technology Co., LTD. (hereinafter referred to as Xiaomi Communication Co., LTD.) and the defendants Zhou Moumou and Shanghai Dreamseeking Information Technology Co., LTD. (hereinafter referred to as Dreamseeking Co., LTD.). It was found that the defendant Zhou Mou's behavior constituted trademark infringement and unfair competition, and Zhou Mou was sentenced to compensate for economic losses and reasonable expenses totaling 500,000 yuan. After the verdict, neither party appealed, and the case has taken effect.
The plaintiff Millet Technology Company and Millet Communication Company jointly sued that Millet Technology Company enjoys No. 8228211 "Millet" trademark, and approved the use of video phones, mobile phones and other goods of category 9. Xiaomi Communication Company is authorized by Xiaomi Technology Company to use all trademarks held by Xiaomi Technology Company when selling and distributing goods worldwide from August 25, 2010. After the publicity and use of the two plaintiffs, the above registered trademark has a very high visibility.
The two plaintiffs found that the defendant Zhou XX used the word "millet" in many places in the sales pages of bath Ba, heater, flat lamp, Liangba commodity and the products sold on the stores operated by an e-commerce platform; The defendant Zhou Mou used the words "Millet" in the product promotion of the aforementioned store, "Millet energy-saving lamps and the two-year electricity bill comparison of the market defective lamps" and the content of the page pointing to the two-dimensional code of "into millet" to carry out false and misleading commercial publicity.
The two plaintiffs appealed to the court, believing that the "millet" trademark involved is a well-known trademark, and the aforementioned behavior of the defendant Zhou Moumou is the unauthorized use and sale of the same goods as the plaintiff's registered trademark on different categories of goods, which constitutes trademark infringement; The defendant Zhou Mou's false publicity behavior has the intention of attaching the "millet" trademark and the two plaintiffs' corporate popularity, which constitutes unfair competition. The defendant Dream Seeking company is negligent in fulfilling the obligation of examination and supervision, and provides convenience for the defendant Zhou mou's infringement and profits from it, and shall bear the corresponding legal responsibility. The two plaintiffs requested the court to order the defendant Zhou Mou to stop the infringement and unfair competition, issue an apology to eliminate the impact, compensate for economic losses of 5 million yuan and reasonable expenses of 100,000 yuan, and order the defendant Dream seeking company to delete the link involved.
Judicial decision
After the trial, the Shanghai Intellectual Property Court held that the trademark No. 8228211 "Millet" enjoyed by the plaintiff Xiaomi Technology Company has been used continuously since its approval and registration, and the plaintiff and its affiliated companies have invested a lot of money to publicize the brand of millet and won many honors. It can be concluded that the trademark involved in the case has been widely known by the relevant public in China in 2020. It is a well-known trademark. When the defendant Zhou Yimou sold four kinds of accused infringing goods, such as bath Ba, heater, flat lamp and cool Ba in his store, he highlighted the use of "Millet", "Millet Home Bath Ba", "Millet home wind warm", "Millet home flat lamp" and "Millet home Cool Ba" in the product name, product pictures, product details page and many other places, as well as the product body, outer packaging and instructions. These signs use the trademark of "millet" involved in the case, which belongs to the reproduction and imitation of the well-known trademark of "Millet" registered by the plaintiff on different or not similar goods, improperly using the market reputation of the well-known trademark of "millet", misleading the public, damaging the interests of the right holder, and constituting trademark infringement.
In the video of the store, defendant Zhou showed that it was a "Xiaomi | specialized home electrical appliances store", which would mislead the relevant public to believe that the products sold in the store came from the plaintiff or were related to the plaintiff, and had the intention to attach the plaintiff's business reputation and commodity reputation to enhance its competitive advantage, which violated the principle of honesty and credit and constituted unfair competition. The defendant Zhou Mou has carried out the trademark infringement act and the unfair competition act of false publicity, and shall bear the civil liability to stop the infringement and compensate for the loss according to law. In view of the fact that the infringing products involved have been removed from the shelves, and the two plaintiffs confirm this, there is no need to support the plaintiff's claim to stop the infringement and delete all the publicity pages. In summary, the Shanghai Intellectual Property Court made the above judgment in accordance with law.
Source: Shanghai Intellectual Property Court
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