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Jingdong was sued by Hongmao Medicinal Wine for trademark infringement, and the court ruled that it was not liable for compensation
Release Time：
2022-08-16
The plaintiff in this case, Inner Mongolia Hongmao Pharmaceutical Co., Ltd. has the exclusive right to trademark No. 183586 "Hongmao Brand" and No. 13794329 "Hongmao". The plaintiff believes that the defendant has used the same or similar words in its trademark in the goods sold, which constitutes infringement, so he filed a lawsuit with the court and requested the defendant to compensate 20,000 yuan.
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183586 "Hongmao Brand" trademark |
Trademark No. 13794329 "Hongmao" |
After the trial, the court held that the defendant Xinyu Jieya's use of the "Hongmao" trademark in the sale of goods was enough to cause public confusion, violated the exclusive right to use the trademark of Hongmao Pharmaceutical, and should bear infringement liability. However, the other defendant, Jingdong, is only the provider of the online trading platform and does not participate in the commodity trading between the buyers and sellers. It has reviewed the subject qualification and trademark authorization of the settled subject, and there is no evidence to prove that it is at fault and should not be held responsible.
Therefore, the court comprehensively considered various factors, and finally decided that Xinyu Jie Ya compensated Hongmao Pharmaceutical for economic losses of 10,000 yuan and reasonable expenses of 2,000 yuan.
source：Beijing Court Trial Information network
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