Recently, the Beijing Intellectual Property Court concluded the case of appellant Ma Mou and the appellant Shenzhen Chow Tai Fook Online Media Co., LTD. (referred to as Chow Tai Fook Company), the first instance defendant Beijing Jingdong Sanbai Lu Shidu E-commerce Co., LTD. (referred to as Jingdong Company) infringement of trademark rights. It was found that the appellant Ma XX filed an infringement lawsuit against Chow Tai Fook Company for fair use of the trademark rights acquired in bad faith, which constituted an abuse of rights, so the appeal was rejected and the original judgment was upheld.
Brief of the case
When Ma sued the court of First instance, he claimed that Ma applied for the registration of the "jiaoren Pride" trademark on Category 14 jewelry on May 6, 2008, and the registration was approved on March 28, 2010, and Ma has used the trademark to produce and sell the "Pride" brand series diamonds. Ma Mou found that Chow Tai Fook company in the Jingdong company platform store sales of "pride" series of rings, necklaces, Ma Mou that Chow Tai Fook company, Jingdong company's behavior infringes its trademark rights, so to the court, request the court order Chow Tai Fook company, Jingdong company immediately stop the infringement, and compensate its economic losses and reasonable expenses a total of 50,000 yuan.
The Court of First instance held that Chow Tai Fook's use of the "jiaoren" logo on the products involved in the case was legitimate and did not infringe on Ma's trademark rights for the "Jiaoren Jiaoren" trademark. Therefore, the judgment rejected all the claims of Ma.
Ma refused to accept the judgment of the first instance, appealed to the Beijing Intellectual Property Court, asking for the cancellation of the judgment of the first instance, and changed the judgment to support all the litigation requests of the first instance.
The Beijing Intellectual Property Court held that:
1. Ma's application for registration of the "jiaoren Pride" trademark violates the principle of good faith
1. In terms of trademark significance, the "jiaoren Jiaoren" trademark that Ma XX applied for registration later is similar to the "Jiaoren" logo previously used by Chow Tai Fook in terms of text combination, typography design and visual effects.
2. In terms of subjective intention, CTF launched the "Proud" series of diamond jewelry products in 2006. After extensive use and publicity, CTF's "Proud" series of diamond jewelry products and its "Proud" logo have gained a high reputation. In this case, Ma applied for registration of the trademark "jiaoren Jiaoren" in 2008, which is similar to Chow Tai Fook's "Jiaoren" logo. Subjectively, it is difficult to call it good faith.
3. As far as the use of trademarks is concerned, the evidence submitted by Ma can only prove that the trademark has been licensed after the registration of the "jiaoren jiaoren" trademark, but it cannot prove that the "Jiaoren Jiaoren" trademark has been used in the meaning of trademark law on its approved products.
4. Consider other trademarks applied for registration by Ma. After checking, Ma also applied for registration of more than 30 trademarks such as "Taylor", "Jin Buri", "Jin Shifu", "Suihao mattress", "Taylor Burton" and "Grio Piri". The aforementioned trademark categories span a large span and belong to different industries, including trademarks similar in appearance, the same category or similar to well-known trademarks such as "Kimberly" and "Suibao mattress" from outsiders. Ma did not prove that his registered trademark has a real intention to use, or to make a reasonable explanation of his registered trademark needs, so the court believed that there was an obvious hoarding of trademarks.
Accordingly, the court of second Instance found that Ma's application for registration of the trademark "jiaoren Jiaoren" violated the principle of good faith, and the right basis on which he asserted trademark rights in this case was not legitimate.
2. The infringement lawsuit filed by Ma XX to Chow Tai Fook constitutes abuse of rights
1. The pre-effective civil judgment found that Chow Tai Fook Gold Bank (Shenzhen) Company had actually used "jiaoren" as the name of a series of products before Ma Mou applied for the trademark "Jiaoren", and there were prior rights, so Ma Mou's lawsuit claim was rejected. Now Ma XX once again for the same reason on the Chow Tai Fook company in the Jingdong company platform sales of Chow Tai Fook "proud" series of diamond jewelry behavior filed a lawsuit, subjectively difficult to be called good faith.
2. Ma's application for registration of the trademark "jiaoren jiaoren" violates the principle of good faith, and the documented evidence is not sufficient to prove that he has a real intention to use or use the trademark "Jiaoren Jiaoren". In this case, CTF filed an infringement lawsuit and demanded compensation against CTF for the legitimate use of the "Proud" logo, which clearly constitutes an abuse of rights.
To sum up, Chow Tai Fook's use of the "jiaoren" logo on the products involved does not infringe on Ma's trademark rights for the "Jiaoren" trademark. Ma XX filed an infringement lawsuit against Chow Tai Fook for the fair use of the trademark rights acquired in bad faith, which constituted the abuse of rights.
The principle of honesty and credit is the basic principle that all market participants should follow. This case clarifies the ruling rules that "the infringement of the fair use of the trademark rights obtained in bad faith constitutes the abuse of rights". On the one hand, it guides the parties to abide by the principle of good faith in civil litigation activities and exercise their rights based on legal and legitimate purposes; On the other hand, it is clear that the trademark law aims to provide legal protection for the legitimate use and regulate the abuse of rights so as to maintain the proper market competition order.
Source: Beijing Intellectual Property Court
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