Weiwo Mobile Communication Co., Ltd. v. Shenzhen YouPintong Electronic Technology Co., LTD., Shenzhen Huatang Disun Technology Co., Ltd. infringement of trademark disputes
Brief
The plaintiff Weiwei Company vs. the defendant Youpintong Company, etc. used "vivi" as the trademark and "vivi" as the product name of the mobile phone products produced by it, registered the website with the domain name "vivi-china.com" and promoted the mobile phone products using "vivi" as the trademark and product name. At the same time, it carried out large-scale publicity and sales through dozens of stores on Taobao.com; The defendant Huatang Disun Company registered a shop named "Huatang Disun Technology" on Taobao.com, through which it sold a number of mobile phone products produced by the defendant YouPintong Company using "vivi" as a trademark and product name, and the sales amount was huge.
During the trial of the case, Weiwo Company applied to the court for act preservation, and the Futian District People's Court of Shenzhen ruled that: Respondent Shenzhen YouPintong Electronic Technology Co., Ltd. shall immediately cease the production and sale of mobile phone products with the "vivi" logo, and immediately cease the publicity of mobile phone products with the "vivi" logo on the website www.vivi-china.com; Shenzhen Huatang Disun Technology Co., Ltd. immediately stopped selling mobile phone products with the "vivi" logo. After the ruling was made, the Futian Court immediately served a notice of assistance in enforcement to Zhejiang Taobao Network Co., Ltd. and the defendant Youpin Tong Company. Subsequently, the Taobao store operated by the defendant Huatang Disun Company removed the accused infringing products, and the website "www.vivi-china.com" operated by the defendant YouPintong company could not be opened.
Youpintong company refused to accept the above ruling and filed an application for reconsideration. The People's Court of Futian District of Shenzhen made a civil ruling on reconsideration: Rejecting the reconsideration request of the applicant, Shenzhen YouPintong Electronic Technology Co., LTD.
Case revelation
In summary, before the cottage behavior of others, vivo official just did not pay attention to, the result has led to the cottage brand "vivi" more and more rampant, at ultra-low prices began to divide the market, cottage mobile phone greatly discounted functional configuration, but also seriously affected the reputation and reputation of the vivo brand in the market. The case of vivo's public fight against fake vivi, I believe it can also play a warning role for other cottage businesses. In the market competition, if there is no hard strength of real materials, just blindly wrapped in other people's brand packaging, relying on other people's brand heat to obtain money, after all, good times are not long, but also to pay for their own "clever" double the price.
Since the implementation of the Provisions of the Supreme People's Court on Several Issues relating to the Application of Law to Intellectual Property Dispute Act Preservation Cases, this case has made the first decision on act preservation in intellectual property litigation in the city, and has ruled on the reconsideration of the respondent to clarify in detail the reasons why the reconsideration is not established.
Source: China (Shenzhen) Intellectual Property Protection Center Case database project team,
Supreme People's Court Intellectual Property Tribunal,
Shenzhen Intermediate People's Court Intellectual Property Division,
Beijing/Shanghai/Guangzhou Intellectual Property Court,
"Lexmachina", "Westlaw" and other legal analysis platforms
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