A typical case of trademark lawsuits, a classic case of trademark infringement in 35 categories

The first-instance civil judgment of the trademark infringement dispute between Kweichow Moutai Co., Ltd. **** and Li and Jiang was announced, case number (2020) Lu 16 Min Chu No. 279, the trial court is the Intermediate People's Court of Binzhou City, Shandong Province, the plaintiff Kweichow Moutai Co., Ltd. ****, and the defendants Li and Jiang.

According to the judgment, the plaintiff claimed that Li's use of a trademark identical to another person's registered trademark on the same kind of goods without the permission of the trademark owner constituted the crime of counterfeiting a registered trademark; Jiang's act of selling counterfeit or unauthorized manufactured registered trademark logos has constituted the crime of selling illegally manufactured registered trademark logos. The infringement acts of Mr. Li and Mr. Jiang infringed upon the exclusive right to use the registered trademark of Moutai Company, damaged the legitimate rights and interests of Moutai Company, caused great losses to the economy of Moutai Company, and also caused very bad effects and consequences to the brand image of Moutai Company, and their subjective malice was relatively high, so they should bear the liability for compensation in accordance with the law.

The Intermediate People's Court of Binzhou City, Shandong Province held that Jiang had illegally manufactured the logo of the registered trademark involved in the case and sold it to Li, and that Li had produced and sold goods with counterfeit registered trademarks without the permission of the owner of the registered trademark, and that the acts of the two had taken effect and that the criminal judgment had determined that they constituted a crime, and that their acts infringed the exclusive right to use the registered trademark enjoyed by Moutai Liquor Company.

The judgment of this case is as follows: the defendants Li and Jiang shall jointly and severally compensate the plaintiff Kweichow Moutai Liquor for economic losses and reasonable expenses of 150,000 yuan within 10 days from the effective date of this judgment.

Legal Analysis: Class 35 of trademark registration is a service mark. The specific contents are: advertising, industrial management, industrial management, office affairs.

The first is the act of using a trademark identical or similar to a registered trademark on the same or similar goods without the permission of the trademark registrant, also known as use infringement.

The third is the act of forging or unauthorized manufacturing of another person's trademark logo or selling a forged or unauthorized registered trademark logo, also known as trademark mark infringement.

Fourth, without the consent of the trademark registrant, the act of replacing the registered trademark and putting the goods with the replaced trademark on the market is called reverse counterfeiting in foreign countries.

Fifth, the act of causing other damage to the exclusive right to use a registered trademark of another person.

1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;

2) Without the permission of the trademark registrant, Yingduan uses a trademark similar to its registered trademark on the same kind of goods, or uses a commercial spine chongyu mark that is identical or similar to its registered trademark on similar goods, which is likely to cause confusion;

3) Selling goods that infringe upon the exclusive right to use a registered trademark;

4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe upon the exclusive right to use a trademark;

7) Causing other damage to the exclusive right to use a registered trademark of another person.

The classic trademark infringement case is the clash between Adidas and Adi Wang Zhipei.

In 1974, Adiwang registered the trademark "adidas" in China, and without its permission, Adiwang hung the logo "Adiwang", "Adivon" and a combination of "Adiwang", "Adivon" and ** in a conspicuous position in the business premises.

If it is a copycat, it will always be a copycat, even if it has a good reputation in third- and fourth-tier cities. The lawsuit lasted for five years, and finally turned the conflict into a peace of mind. The Chinese trademark and triangular logo of "Adi Wang" were transferred to Adidas free of charge, and the Chinese trademark and triangular logo could no longer be used and appeared in the terminal store.

Some people on the Internet are still discussing why Li Gui did not kill Li Kui in the Jordan trademark case, but Adidas did Li Kui and Li Kui. Very simply, Adidas registered the "adidas" trademark as early as 1974, while the Jordan trademark for Jordan Sports was registered in 1991, and the flying Jordan only claimed the right to his name in 2012, and did not pay enough attention to the trademark protection of his name.

Legal Analysis:1China Jordan vs American Jordan;

2.Real Kung Fu vs Bruce Lee;

3.Honor of Kings (Game) vs Honor of Kings (Wine);

vs King Adi;

5.Lusisi vs Luxisi.

Legal basis: Article 30 of the Trademark Law of the People's Republic of China If the trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to the trademark that has been registered or preliminarily approved by another person on the same kind of goods or similar goods, the Trademark Office shall reject the application and shall not publish it.

Trademark lawsuits. A factory in China that produces T-shirts uses the OEM trademark registered by American businessmen to sell back to the United States, and the price of each product is as high as $40, and the same product is sold at $5 per piece at China's trade fair in the United States, but it is still not selling well - just because the above-mentioned famous brands are not used.

Mizhou City, Anhui Province, is Cao Cao's hometown, and many wineries in Miaozhou City have named their own wine with the word "Cao Cao", so the number of people who sell for banquets has increased greatly. The first to launch a 38-degree "Cao Cao Liquor" is Gujing Distillery, which is well-known throughout the country, has won three gold medals in a row, and has foreign trade export tasks. However, the factory's trademark awareness is weak, although the industrial and commercial department has repeatedly urged the factory to declare a registered trademark, still ignored, as a result of another small factory Honka Distillery took the lead, registered the registered trademark as "Cao Cao Liquor" in accordance with the law, after half a year of announcement, no one raised an objection, Honka Distillery has the right to use the trademark and the exclusive right to use, and Gujing Distillery has become an infringer.

Although Gujing Distillery filed complaints with the municipal, prefectural, provincial and State Administration for Industry and Commerce, it also repeatedly lost the lawsuit, and finally after mediation, Gujing Distillery gave the other party 20,000 yuan to obtain an alternative to use the trademark "Cao Cao Liquor" for a limited time, and the ownership of the trademark still belongs to Honka Distillery."

Some of China's export commodities have not been registered in the buyer's country, but have been preemptively registered by foreign speculators, so that the goods have "infringed on the trademark right" before they arrive, and finally have to spend money to "buy the world" to return their own trademarks. This kind of thing is not uncommon.

In 1986, a sensational "ham lawsuit" occurred in Zhejiang Province: in 1984, Zhejiang Food Company found that Jinhua Ham Company used the company's registered trademark "Jinhua Ham" on the ham sold by Jinhua Ham Company, so it negotiated many times, and had different opinions, one party believed that "Jinhua Ham" was a registered trademark, and the other party believed that it was a "origin label", and finally in July 1985, Zhejiang Food Company had to file a lawsuit with the Jinhua Intermediate People's Court. After investigation, on June 1, 1986, the Zhejiang Provincial Food Company was sentenced in favor of the lawsuit, and on June 18, the Economic Department of the Zhejiang Provincial High Court made a final judgment, but the losing party was dissatisfied and expanded to the High Court, and the judgment was pronounced after the trial of the High Court

The appeal was dismissed and the original verdict was upheld! A ham lawsuit has only come to an end.

Summary. Hello dear! Trademark IP transaction cases refer to technology IP transactions involving trademarks.

These include the following different forms: 1. Licensing the use of trademark intellectual property rights: one party is authorized to use its registered trademark and related trademark logos (which can be the exclusive right to use the trademark or the right to goodwill of the trademark) to the other party, and the two parties sign a license contract in accordance with the agreement to determine the scope of use, the term of use and the remuneration.

2. Transfer of trademark rights: The transfer of trademark rights refers to the transfer of the registered trademark and all related rights by one party to the other party, and the two parties sign an assignment contract, in which the transfer of the trademark and its conditions, special agreements, remuneration, etc. are expressly stipulated. 3. Trademark cooperative operation:

One party authorizes the other party to use its registered trademark and its famous trademark, or it can be trademark exclusive cooperation, that is, the two parties establish a cooperative relationship on the licensed trademark, strengthen economic and technical cooperation, establish a financial, management, and sales sharing mechanism, and the two parties can share market risks, improve the quantity and quality of products, so as to occupy a certain advantage in the market.

Hello dear! Trademark IP transaction cases refer to technology IP transactions involving trademarks. These include the following different forms:

1. Licensing the use of trademark intellectual property rights: authorizing one party to authorize the other party to use its registered trademark and related trademark logos (which can be the exclusive right to use the trademark or the right to trademark goodwill), and the two parties sign a license contract in accordance with the agreement to determine the scope of use, the term of use and the remuneration. 2. Transfer of trademark rights:

The transfer of trademark rights refers to the transfer of the registered trademark and all related rights by one party to the other party, and the two parties sign an assignment contract, in which the transfer of the trademark and its conditions, special agreements, remuneration, etc. are expressly stipulated. 3. Trademark cooperative operation: one party authorizes the other party to use its registered trademark and its famous trademark, and can also cooperate exclusively with the trademark, that is, the two parties establish a cooperative relationship on the licensed trademark, strengthen cooperation in economy and technology, and establish a financial, management, and sales sharing omen judgment system, so that the two parties can share market risks, improve the quantity and quality of products, and thus occupy a certain advantage in the market.

4. Trademark technical cooperation: one party authorizes the other party to use other concessions and trademark cooperation based on the technology it owns, and the other party invests in other concessions and trademark cooperative operations, and at the same time, the two parties jointly develop new products and conduct research on the intellectual property rights of new products, so as to improve the market share and technical competitiveness of products. That's all there is to it in trademark IP transaction cases.

In intellectual property transactions, both parties shall carefully formulate, reasonably measure, and implement relevant terms and conditions such as technical contributions, transfer of use rights, term of use, and remuneration.

In 1989, Hangzhou Wahaha Nutrition Food Factory was approved to register the "Wahaha" trademark on beverage food, and soon became a well-known trademark. Subsequently, Hangzhou Yunfeng Cosmetics Factory was approved to register the trademark "Wahaha" on cosmetics products.

In 1991, Hangzhou Wahaha Nutrition Food Factory filed a registered trademark dispute against Hangzhou Yunfeng Cosmetics Factory. The reason for the dispute raised by Hangzhou Wahaha Nutrition Food Factory is that the factory and Hangzhou Yunfeng Cosmetics Factory belong to the same area and use the same registered trademark, which is easy for consumers to misunderstand that the products of the factory are the products of the factory.

"Wahaha" belongs to the registered trademark of this type of product pioneered by the factory in the country, and has a high reputation, although the goods designated for use with the "Wahaha" trademark belong to children's nutrition solution, they also have beauty effects, so Hangzhou Yunfeng Cosmetics Factory infringed on the exclusive right to use the registered trademark of our factory and deceived consumers.

The disputed party, Hangzhou Yunfeng Cosmetics Factory, argued that the designated goods of the "Wahaha" trademark registered by our factory were the third class of cosmetics in the commodity classification table, which was completely different from the nutritional food in Class 32 of the commodity classification table in terms of performance, use, manufacturing technology, etc., and there was no "similar goods" at all, so there was no such thing as infringing the exclusive right to use the registered trademark of Hangzhou Wahaha Nutrition Food Factory.

A: What do you think is the controversy raised by Hangzhou Wahaha Nutrition Food Factory?

bWhose view do you support in this case?