The online shop displayed a fake "Huawei" authorization certificate and changed the trademark, and was sentenced to punitive damages of 5 million yuan！-Industry News-Shenzhen deep trust patent Agency Co., LTD

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The online shop displayed a fake "Huawei" authorization certificate and changed the trademark, and was sentenced to punitive damages of 5 million yuan！

Release Time：

2022-07-07

Mobile phone head, that is, mobile phone stabilizer, can make the mobile phone "stable as a chicken head". With the rapid promotion of short video applications and the rapid development of mobile phone photography functions, people have a higher pursuit of camera quality while satisfying the function of mobile phone photography. Behind those high-quality DIY "blocklets" that detonate Tiktok and circle of friends are often inseparable from mobile phone panyu. Various shopping platforms have a wide variety of products, disorderly flowers are gradually charming eyes, how to choose a favorite mobile phone head has become the trouble of many online shoppers, and even the "Huawei" you want is not necessarily the real "Huawei".

Recently, the Hangzhou Intermediate People's Court concluded a trademark infringement case involving a mobile phone network seller attached to Huawei's goodwill, and fully supported Huawei's request for punitive damages of 5 million yuan.

Case report

Huawei, as a private technology company that produces and sells communication equipment, has a wide range of influence at home and around the world. Its registered trademark "Huawei"Household names, all kinds of products also have a high visibility and reputation. Shangpai Company was founded in 2009, the main business is online digital product sales. In order to increase store sales, Shangpai actively attached to Huawei's goodwill, added the word "Huawei" in the name of the mobile phone panyu product sold in its online store, and used "Huawei" in the product display map."Sign. At the same time, the store appeared on Huawei"The number of petals and English characters of the trademark have been partially changed."Sign. In addition, the store also displayed a false Huawei network channel sales authorization letter to consumers, creating the illusion that the products are related to Huawei, causing consumers to misidentify. Huawei believes that Shangpai's implementation of the above-mentioned attachment to goodwill has constituted trademark infringement, and requests an order to stop the infringement and proposes punitive compensation for economic loss of 5 million yuan.

The first instance of the Hangzhou Intermediate Court held that Shangpai set "Huawei" as the search keyword and highlighted the use of "Huawei" in the product display map.The behavior of the logo can have the effect of identifying the source of goods for consumers. The accused infringement logo is used for the mobile phone stabilizer head, and in the product classification, the head and the camera equipment rack and camera tripod approved and registered by the trademark "Huawei" are similar products. Trademark involved"Registered in smart phones, cameras, headphones, mobile phone protective cases and other categories, and the head is a similar product. After comparison, the "Huawei" used by Shangpai Company is completely consistent with the "Huawei" registered trademark of Huawei company and is the same trademark. ""With Huawei's"

In contrast, the main part of the eight-petal flower pattern is the same as the HUAWEI text, the former has an extra line of text at the bottom, the details of the two are slightly different, but the overall structure is similar. With the general attention of the relevant public as the standard, it is easy for the relevant public to misidentify the source of Shangpai's products or think that the source is specifically related to Huawei's registered trademark products, which has the possibility of confusion. Constitute a similar trademark.

Shangpai company uses "Huawei" in the process of selling Yuntai products in the online store."Logo, constitutes a combination of Huawei Company No. 16844938" Huawei "and No. 14203957"Any infringement of the exclusive right to use a registered trademark shall bear civil liability for stopping the infringement and compensating for losses. The court fully considered Shangpai company's total sales amount of 9173,730.64 yuan, profit rate, trademark contribution rate, Shangpai company's subjective vicious, infringement breadth, infringement scale and other factors, and determined that Shangpai Company intentionally infringed trademark rights and the circumstances were serious, and should bear punitive compensation liability. In order to effectively play the punitive and infringement prevention functions of punitive damages, the court determined that the interests obtained by Shangpai Company due to infringement of 2069593.63 yuan is the base of punitive damages, the compensation multiple is 2 times, and the compensation payable is 6208780.90 yuan, the sum of the base plus 2 times the punitive damages. Since the amount exceeded Huawei's claim in this case, the court fully supported its claim for compensation of 5 million yuan from Shangpai.

After the first instance judgment, neither party filed an appeal, and the judgment has come into effect.

Judge's statement

A trademark is a distinctive mark that identifies a product or service as a product or service produced or provided by a specific individual or enterprise. Trademark has the characteristic of exclusivity, behind which it represents the goodwill accumulated by individuals or enterprises for a long time, and is one of the core competitiveness of current enterprises. The "Huawei" of Huawei CorporationThe registered trademark is an intangible asset created by Huawei after years of honest management and massive investment in advertising and public welfare activities, which embodies Huawei's innovation results and market value. Fraudulent use of trademarks and goodwill will attract potential consumers of the brand and seize customer resources, and the quality control of counterfeit products is different from the brand-name products expected by consumers, which will damage the legitimate rights and interests of consumers and seriously damage the goodwill of the brand for many years, disrupting the normal market competition order, and should be prohibited.

Innovation is the primary driving force for development, and to protect intellectual property rights is to protect innovation. According to the law and relevant judicial interpretation, in case of malicious infringement of the exclusive right to use a trademark and the circumstances are serious, the amount of compensation may be determined according to the actual loss of the right holder, the infringement profit of the infringer or more than one time and less than five times the trademark license fee. This case applies punitive damages to the intentional infringement of trademark rights and the circumstances are serious, significantly increasing the cost of infringement and illegal costs, demonstrating the court's judicial attitude of severely cracking down on malicious infringements.

Source: Hangzhou Intellectual Property Court

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