Recently, Yuhang District People's Court in Hangzhou, Zhejiang Province, announced a case of Huawei trademark infringement and unfair competition dispute.
After consumer complaints, huawei Technologies Co., Ltd. found that the defendant, Shenzhen Jinyun Video Equipment Co., Ltd. sold a number of unauthorized Huawei headphones in its online store for a long time and large-scale implementation of the infringement of the plaintiff's registered Huawei "FREEBUDS" "Huawei" and "Huawei" trademark professional rights.
At the same time, Jinyun Company used the words "official genuine Huawei exclusive" and "official original" in the product page, causing consumers to mistakenly think that the product is Huawei or associated with Huawei, which is an unfair competition behavior that falsely promotes the quality and source of the product. The company was required to immediately stop the infringement of Huawei's exclusive right to use relevant trademarks, immediately stop the unfair competition behavior that infringes Huawei's legitimate rights and interests, and ordered to compensate for economic losses and reasonable rights protection costs of 3 million yuan and bear the relevant litigation costs.
After investigation, the court held that Jinyun Company constituted an unfair competition act of trademark infringement and false publicity. The result of the judgment was that Jinyun immediately stopped the infringement, stopped the unfair competition behavior involved in false publicity, and compensated Huawei for 1 million yuan.
Relevant law
What is the identification of the use of counterfeit registered trademarks?
The crime of counterfeiting registered trademark is the act of using the same trademark on the same kind of goods without the permission of the registered trademark owner. Without permission, a trademark that is identical or similar to a registered trademark of another person may not be used on the same or similar goods, which is one of the contents of the exclusive right to use a registered trademark. Without the permission of the registered trademark owner, including the following specific circumstances:
1. The actor has never obtained permission from the owner of the registered trademark to use its registered trademark;
2. Although the actor has obtained the license of the registered trademark owner, he still continues to use the trademark of the registered trademark owner after the expiration of the term of use stipulated in the license contract;
3. Although the actor has obtained the license from the owner of the registered trademark, the license contract is terminated in advance because the licensee cannot guarantee the quality of the goods using the trademark, and the actor continues to use the registered trademark after the termination of the contract;
4. Although the actor has obtained the license of the owner of the registered trademark, the use of the registered trademark exceeds the scope of the licensed use of the registered trademark;
5. Although the actor has obtained the license of the owner of the registered trademark, it uses the registered trademark beyond the geographical scope of the licensed use.
How to punish counterfeit registered trademark?
1.Without the permission of the owner of the registered trademark, the use of the same trademark as its registered trademark on the same kind of goods, the amount of illegal gains is relatively large or there are other serious circumstances, shall constitute a crime. Shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and may also, or may only, be fined. If the amount of illegal gains is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
2. Knowingly selling goods that are counterfeit registered trademarks, the amount of illegal income is relatively large, also constitutes the crime of counterfeiting registered trademarks, according to the preceding provisions of punishment.
3. Where the amount of illegal gains is relatively large or there are other serious circumstances, whoever forges or without authorization manufactures the signs of another person's registered trademark or sells the signs of forged or without authorization shall be punished in accordance with the above provisions.
It can be seen that the counterfeiting of registered trademarks stipulated in the criminal law is more specific and more in line with reality. It is not only easy to execute, but also makes the protection of trademark exclusive right more full and powerful. At the same time, the criminal Law has increased the maximum sentence for the crime of counterfeiting registered trademarks from 3 years to 7 years, undoubtedly increasing the deterrent power for criminals who fake registered trademarks.
Source: Gold name label
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