According to Red Star News reported on the 24th, Linyi, Shandong, engaged in car film business "Linyi new ideal Automobile Service Co., LTD.", recently was ideal automobile on the grounds of "infringement of trademark rights and unfair competition disputes", sued for a total of 1.2 million yuan, causing the whole network hot debate.
The film shop sued by Ideal Automobile (Source: Red Star News)
Many netizens believe that，The word "ideal" belongs to the general word, why the "ideal car" registered, others can not use, can not others have the ideal? And feel that the "ideal car" claim amount is too high, there is no pattern, there is a suspicion of big deception small. Some netizens also ran to the "ideal car" broadcast room and the "ideal car" official account message, such as, I was originally ideal, this can not have, afraid of being claimed, in order to ridicule the ideal car rights protection
Ideal car sues "Ideal film shop"
He asked her to change her name, apologize and claim 1.2 million yuan
The operating body of Ideal Car is Beijing Chehejia Information Technology Co., LTD., which was officially established in July 2015, is committed to creating a new intelligent electric vehicle and changing the traditional travel experience of users.In June 2019, Che Hejia unified the company brand name Ideal car.
According to the complaint filed by Beijing Chehejia Information Technology Co., LTD.,Request the court to:
The defendant was ordered to immediately stop infringing the plaintiff's exclusive right to use the "Ideal" registered trademark, including but not limited to immediately stop using the same or similar logo with the said registered trademark on the store door, in-store decoration and social platforms;
The defendant was ordered to immediately stop the act of unfair competition, change the name of the enterprise, and the changed name of the enterprise must not contain "ideal" words;
The defendant was ordered to publish a statement (the content of which must be agreed by the plaintiff) in China Intellectual Property News and Qilu Evening News for 30 consecutive days in order to eliminate the adverse effects of trademark infringement and unfair competition on the plaintiff;
Civil complaint picture source: Orange Persimmon Interactive
According to Red Star News, Zhu Yuhao, the shop's owner,He said his nickname is called "ideal", and the car film shop from 2012 when it was just established called "ideal car decoration", now called "ideal car film factory", has been used is "ideal",“Our family is making film, I really do not understand how to cause him more than 1 million losses?"
Enterprise check information shows that on February 25, 2022, the store was registered as Linyi Ideal Automobile Service Co., LTD., and the company name was changed to Linyi New Ideal Automobile Service Co., LTD. In March of that year.
It is worth noting that Linyi New Ideal Automobile Service Co., Ltd. is not the only company whose name contains the word "ideal". The reporter searched for the ideal car on the enterprise check, and there were a number of company names established before 2015 that contained the word "ideal", such as Ningbo Ideal Auto Parts Co., LTD., established in 2001, Hefei Ideal Auto Trading Co., LTD., established in 1998.
Ideal car: the shop "posing as the official ideal car"
Conduct business
Ideal car statement
The ideal car description reads:
First, we are not suing each other for ordinary "trademark infringement", the use of the word "ideal" is very widespread in daily life, we respect the reasonable use of all sectors of society, and we have no intention to take legal action.
Second, the reason for our prosecution is that the store "pretended to be an ideal car official" for sales, group buying and other commercial activities, and was reported by local owners.For such "pretending to be an ideal car official" to cause consumer confusion, we will insist on taking legal means to protect our rights.
Ideal Automobile said that the case is currently under trial, and the relevant evidence has been fully submitted to the court. We believe that the court will make a fair judgment in accordance with the law on the basis of finding out the facts.
Lawyer: The lawsuit is reasonable and legal
1.2 million compensation is not "wild speculations"
Does the use of the word "ideal" in the company name constitute infringement?
In this regard, Ding Baifang, a lawyer from Taihe Tai Law Firm, told the Daily Economic News that in general,Prior use does not constitute infringement，In this case, before the date of application for the registered trademark of "Ideal Automobile" brand, Mr. Zhu has continuously used the same or similar trademark with the registered trademark on the same or similar goods or services,After a registered trademark is authorized, the right to use the trademark on the original goods or services can continue.
But according to Ideal Car's response,In this case, the "ideal film shop" has commercial activities such as "posing as the official ideal car" for sales and group buying.According to Article 58 of Trademark Law of the People's Republic of China,Where the use of another person's registered trademark or unregistered well-known trademark as a shop name in an enterprise name misleads the public and constitutes an act of unfair competition, it shall be dealt with in accordance with the Anti-Unfair Competition Law of the People's Republic of China.
Under Article 6 of the Anti-Unfair Competition Law,Business operators shall not carry out the following acts of confusion, causing people to be mistaken for other people's goods or have a specific connection with others:（(1) Unauthorized use of the name of the commodity, packaging, decoration and other similar or similar logo that has a certain influence on others; (2) Unauthorized use of enterprise names (including abbreviations, shop names, etc.), social organization names (including abbreviations, etc.), names (including pen names, stage names, translated names, etc.) that have certain influence on others; (3) Unauthorized use of the main part of the domain name, the name of the website, the webpage, etc., which has certain influence on others; (4) other acts of confusion that are sufficient to cause people to be mistaken for the goods of others or have specific connections with others.
Article 17 provides that,A business operator who violates the provisions of this Law and causes damage to others shall bear civil liability according to law. A business operator whose lawful rights and interests have been harmed by an act of unfair competition may bring a suit in a people's court.
Therefore, it is reasonable and legal for Ideal Automobile to file a civil lawsuit against "Ideal film Shop" for trademark infringement and unfair competition disputes.
For the 1.2 million compensation standard widely questioned by netizens, lawyer Ding said that Article 17 of the Anti-Unfair Competition Law stipulates that,The amount of compensation for a business operator injured by an act of unfair competition shall be determined on the basis of the actual losses suffered by the business operator as a result of the infringement; If the actual loss is difficult to calculate, it shall be determined according to the benefits the infringer has gained from the infringement.Where a business operator maliciously infringes on trade secrets and the circumstances are serious, the amount of compensation may be determined at not less than one time but not more than five times the amount determined in accordance with the above-mentioned methods.The amount of compensation shall also include reasonable expenses paid by the business operator to stop the infringing act.
Where a business operator violates the provisions of Article 6 and Article 9 of this Law, and it is difficult to determine the actual losses suffered by the right holder as a result of the infringement, or the benefits gained by the infringer as a result of the infringement, the people's court shall, according to the circumstances of the infringement, award the right holder compensation of not more than five million yuan.
Therefore, the ideal car advocates a huge compensation of 1.2 million yuan, which does not belong to "wild speculations" and has a legal basis.
Media: The law is the law
Emotion can't replace law after all
In the eyes of netizens, ideal car, as a well-known car company with a market value of more than 100 billion, why do you want to go against a small film shop with a registered capital of only 100,000 yuan? Not only did they "change their name" and claim 1.2 million yuan in economic losses, but they also asked them to apologize for 30 days in the local media, which is suspected of bullying. Some netizens also ran to the "ideal car" broadcast room and the "ideal car" official account message, such as, I was originally ideal, this can not have, afraid of being claimed, in order to ridicule the ideal car rights protection.
In response, Rednet commented that obviously,Netizens' judgment on the case of "ideal car" suing "ideal film shop" is mostly from the perspective of personal emotion, and they unilaterally believe that "ideal car" shop is a big liar, without the pattern and cultivation that big enterprises should have, carrying out moral kidnapping and moral trial.
The case of "ideal car" suing "Ideal film shop" has caused huge controversy, undoubtedly telling everyone that if you can't focus on facts and law,Treating this intellectual property case too emotionally may deviate from the track of the law.
Anyhow,After all, legal matters must be thought and evaluated from a legal perspective, and emotions cannot replace laws after all.People have reason to believe that the judiciary will take the law as the sole standard and yardstick in this case and make a fair and just final judgment. Source: National Business Daily
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