Brief
The plaintiff claimed that the game in question, "Happy Spot", was licensed by Peak Games to localize the game Toy Blast. On December 30, 2015, the game "Happy Dots" was officially launched on the Apple Appstore and Android platforms. The defendants, Hifan Company and Youbige Company, published, promoted and operated a game called Happy Dianxiao (Single Player Game) on the Apple Appstore from July 9, 2016. The plaintiff claims that the works involved are literary works and works of art: 1. The name of the game is "Happy bit by bit." 2. The first level of the game, the second level of the clearance prompts. 3. Game APP icon.
Effective court judges that the plaintiff's claims to protect the name of the game "happy little away" is closely linked with the game, the player heart become an important identity, identify the source to eliminate the difference has significant characteristics of games, enough to show that game goods source, thus it can be concluded that the name of the game "happy little elimination" constitutes a unique name well-known goods. The defendant, as a competitor in the business of eliminating games, knows the unique name of the plaintiff's game, and arbitrarily uses the name logo of "Happy spot elimination (single-player game)" in the accused infringing game, which subjectively has the intention of damaging competitors and obtaining improper benefits, enough to cause market confusion, and its behavior constitutes unfair competition.
Shenzhen Nanshan District People's Court judgment: the defendant Hi Fan company, Youbi ge company to compensate the plaintiff Dream World company economic loss of 200,000 yuan, the reasonable cost of rights protection of 40,000 yuan, a total of 240,000 yuan. After the verdict of the first instance, the Hi fan company and the Youbi Court company refused to submit an appeal. Shenzhen Intermediate People's Court judgment: reject the appeal, maintain the original judgment.
Case revelation
This case is a typical case of the crime of illegally manufacturing registered trademark signs, involving the law application of the number of trademark signs. In this case, the relationship between trademark and trademark logo is explained in detail, starting from the principle of adapting crime, responsibility and punishment, the identification standard of trademark logo is established, that is, all trademark logos printed on an indivisible material carrier involving the same right holder are counted as one piece. The verdict of this case fully demonstrates the judicial wisdom and judicial ability of the people's court in dealing with intellectual property crimes, and has strong reference significance for the trial of similar cases.
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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Related Cases
The defendant Li Liwei and his wife Lai Moumou have been printed "DW" logos on the box and sold it and sell them without obtaining the permission of the registered trademark ownership. On December 29, 2017, the defendant Li Liwei and his wife Lai Moumou were sentenced to punishment for illegal manufacturing registered trademark marks. During the testing period of the previous sin, Li Liwei also implemented the behavior of selling the boxes printed with the "DW" logo to others. According to the report, the public security organs arrested the defendant Li Liuwei in a house in Guanlan Street, Longhua District, Shenzhen.
2022-05-31
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