Does the use of the same signboard in different places count as copyright infringement?

Copyright infringement is commonly known as piracy, and misappropriation of copyright, infringing on other people's copyright rights, is an illegal act. Acts that violate the laws and regulations on copyright and cause damage to the legitimate rights and interests of the author or copyright owner, including property rights and personal rights. Generally speaking, any use of a copyrighted work outside the scope permitted by law without the consent of the copyright owner constitutes copyright infringement.

Therefore, only the use of the signboard without the consent of the owner of the sign, regardless of whether it is a foreign location or not, is a copyright infringement. It is punishable by law.

Tort Liability Law

Article 2: Those who infringe on civil rights and interests shall bear tort liability in accordance with this Law.

"Civil rights and interests" as used in this Law includes personal and property rights and interests such as the right to life, health, name, reputation, honor, portraiture, privacy, marital autonomy, guardianship, ownership, usufructuary rights, security interests, copyrights, patent rights, exclusive rights to use trademarks, rights of discovery, equity, and inheritance.

Article 3: The infringed party has the right to request that the infringer bear the tort liability.

1) Cease the infringement;

2) removal of obstructions;

c) eliminate the danger;

4) the return of property;

5) restitution;

6) Compensation for losses;

7) Apologize;

8) Eliminate the impact and restore the reputation.

The above methods of bearing tort liability may be applied separately or in combination.

Article 217 of the Criminal Law [Crime of Copyright Infringement] Whoever, for the purpose of making profits, commits any of the following circumstances of copyright infringement, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given

1) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works;

2) Publishing books in which others enjoy exclusive publishing rights;

3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings;

4) Producing or counterfeiting works of art signed by others.

This depends on the requirements of the local industrial and commercial bureau.

Without the permission of the trademark owner, the trademark owner shall not be infringed upon or hindered from using the registered trademark, or the actor who infringes upon the legitimate rights and interests of the trademark shall use a trademark identical or similar to the registered trademark for the same goods or similar goods. Trademark Owner.

Legal basis: Notice on Prohibiting the Unauthorized Use of Others' Registered Trademarks as Enterprise Names and Business Signboards for Monopoly (Specialty Shops) Article 2 Without the permission of the trademark registrant, others shall not use their registered trademarks as the names of companies, franchise stores or specialty stores or commercial signs.

If the name of the store's signboard is the same, is it considered infringement?

Hello dear, the name of the store's sign is the same, which is an infringement.

Legal analysis: using someone else's trademark name as the name of a store signboard is considered infringement. Without the permission of the trademark owner, the trademark owner may infringe upon or hinder the use of the registered trademark, or the actor who infringes the legitimate rights and interests of the trademark and uses a trademark that is identical or similar to the registered trademark for the same goods or similar goods.

Trademark Owner. Legal basis: Notice on Prohibiting the Unauthorized Use of Others' Registered Trademarks as Enterprise Names and Business Signboards for Monopoly (Specialty Shops) Article 2 Without the permission of the trademark registrant, others shall not use their registered trademarks as the name of the company's teasing and grinding, franchise stores or specialty stores or commercial signs.

It's just that the name is the same, but the logo is different.

Hello dear, is the product in your store similar to the store where Bei was infringed?

And the house of the real estate is the name of the store.

Hello dear, you belong to the same industry.

If it is the same, even if the trademark is different, it is still infringement.

To sum up,1If Wang Chong's products operated by your store and the products operated by the infringer's store are of the same category and highly imitate similar classes of Sleepy Sun Jianbie, then even if the logo is different, the same name is still an infringement; 2.If only the name is the same, and the business category is completely different, there is no imitation that is not illegal or infringing.

If the name of one party is a registered trademark and the name of the other party is similar, which is likely to cause confusion, it will constitute infringement. If the use of a trademark identical to the registered trademark on the same goods without the permission of the trademark registrant constitutes a crime, criminal liability shall be investigated in accordance with law in addition to compensating the losses of the infringed party. Where the forgery or unauthorized manufacture of another person's registered trademark logo or the sale of a forged or unauthorized registered trademark logo constitutes a crime, criminal liability shall be investigated in accordance with law in addition to compensating the infringed party's losses.

If the sale of goods that are known to be counterfeit registered trademarks constitutes a crime, criminal liability shall be investigated in accordance with law in addition to compensating the losses of the infringed party.

Legal basis

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

2) Without the permission of the trademark registrant, the use of a trademark similar to the registered trademark of the same kind of goods, or the use of a trademark identical or similar to the registered trademark of the trademark on similar goods, which is likely to cause confusion;

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

4) Forging or manufacturing the registered trademark logo of another person without authorization, or selling the counterfeit or unauthorized manufacture of the registered trademark logo;

5) Without the consent of the trademark registrant, the registered trademark is replaced and the rough product next to the replaced trademark is put on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use trademarks, and helping others to infringe on the exclusive right to use trademarks;

7) Registered trademarks for others.

Summary. Hello, happy to answer your <>

That is, without the permission of the copyright owner, the actor does not follow the conditions of use stipulated in the Copyright Law to use the copyright owner's works, as well as performances, audio-visual products, and radio and television programs. (2) The act is illegal. Copyright is an absolute right, and no one has an obligation not to infringe that right.

3) The perpetrator is subjectively at fault. The so-called fault refers to the psychological state of the infringer about his tortious act and its consequences, including two forms: intentional and negligent.

How to count signboard infringement.

Hello, happy to answer your <>

That is, without the permission of the copyright owner, the actor does not follow the conditions of use stipulated in the Copyright Law to use the copyright owner's works, as well as performances, audio-visual products, and radio and television programs. (2) The act is illegal. Copyright is an absolute right, and no one has an obligation not to infringe that right.

3) The perpetrator is subjectively at fault. The so-called fault refers to the psychological state of the infringer about its infringement and its consequences, including intentional and negligent forms.

In the event of any infringement of the exclusive right to use a registered trademark listed in Article 57 of the Trademark Law, if a dispute arises arising from any of the acts listed in Article 60 of the Trademark Law, the parties shall resolve the dispute through negotiation; If the trademark registrant or interested party is unwilling to negotiate or fails to do so, the trademark registrant or interested party may file a lawsuit with the people's court or request the administrative department for industry and commerce to handle the matter. When the administrative department for industry and commerce handles the case, if it finds that the infringement is established, it shall order it to immediately stop the infringing act, confiscate and destroy the infringing goods and tools mainly used for manufacturing the infringing goods or forging registered trademark logos, and if the illegal business turnover is more than 50,000 yuan, it may impose a fine of not more than five times the illegal business turnover, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Where there are two or more acts of trademark infringement within five years or other serious circumstances with oranges, a heavier punishment shall be imposed.

If the sale of goods that do not know that it is an infringement of the exclusive right to use a registered trademark can prove that the goods were lawfully obtained by oneself and explain the supplier, the administrative department for industry and commerce shall order the sale to stop.

Summary. <>

Hello dear! Signboard infringement is an infringement of trademark rights if it infringes on the rights and interests of others' registered trademarks. According to Article 57 of the Trademark Law, the infringement of the exclusive right to use a registered trademark mainly includes the following acts:

1. Without the permission of the registered trademark owner, the act of using a trademark identical or similar to the registered trademark on the same or similar goods. 2. 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. This behavior is also known in theory"Reverse counterfeiting"Behavior.

3. Selling goods that infringe on the exclusive right to use a registered trademark. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law, if the sale of goods that are not known to infringe the exclusive right to use a registered trademark can prove that the goods were legally obtained by the person and explain the supplier, he shall not be liable for compensation.

Therefore, this form of trademark infringement requires subjective knowledge of the seller. 4. Forging or unauthorized manufacturing of others' registered trademark logos or selling forged or unauthorized manufacturing of registered trademark logos. It should be noted that this infringement is an infringement of the trademark logo, including:"Manufacturing"with"Sales"Two behaviors.

5. Acts that cause other damage to the exclusive right to use a registered trademark of another person.

How to count signboard infringement.

Hello dear! Signboard infringement is an infringement of trademark rights if it infringes on the rights and interests of others' registered trademarks. According to Article 57 of the Trademark Law, the infringement of the exclusive right to use a registered trademark mainly includes the following acts:

1. Without the permission of the registered trademark owner, the act of using a trademark identical or similar to the registered trademark on the same or similar goods. 2. 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. This behavior is also known in theory"Reverse counterfeiting"Behavior.

3. Selling goods that infringe on the exclusive right to use a registered trademark. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law, if the sale of goods that are not known to infringe the exclusive right to use a registered trademark can prove that the goods were legally obtained by the person and explain the supplier, he shall not be liable for compensation.

Therefore, this form of trademark infringement requires subjective knowledge of the seller. 4. Forging or inspecting the unauthorized manufacture of other people's registered trademark logos or the sale of forged or unauthorized registered trademark logos. It should be noted that this infringement is an infringement of the trademark logo, including:"Manufacturing"with"Sales"Two behaviors.

5. Acts that cause other damage to the exclusive right to use a registered trademark of another person.

Legal basisAccording to Article 60 of the Trademark Law, if the infringer infringes upon the exclusive right to use the registered trademark of the owner of the demoulding trademark, the parties may negotiate and resolve the dispute arising therefrom, and the trademark owner may request the first owner to immediately stop the infringement and destroy the infringing trademark logo.

Without the permission of the trademark owner, the owner of the socks trademark shall not be infringed upon or hindered from using the registered trademark, or the actor who infringes upon the legitimate rights and interests of the person who infringes the rights and interests of the same goods or similar goods shall use a trademark identical or similar to the registered trademark. Trademark Owner.

Legal basis: Notice on prohibiting the unauthorized use of others' registered trademarks as the names of monopoly (specialty shops) and business signboards of the ruler Article 2 Without the permission of the trademark registrant, others shall not use their registered trademarks as the names of companies, franchise stores or specialty stores or commercial signs.

The approved company name has the right to the name, and there is no infringement of the same name as the trademark. Article 2 of the Measures for the Implementation of the Administration of Registration of Enterprise Names These Measures apply to the names of enterprise legal persons registered with the administrative organs for industry and commerce and enterprises that do not have the status of legal persons. Article 3 Enterprises shall choose their own names in accordance with the law and apply for registration.

1. There must be an illegal act, that is, the actor has carried out the act of selling goods with counterfeit registered trademarks; 2. There must be a fact of damage, that is, the act of selling counterfeit trademark goods carried out by the actor has caused the damage to the trademark owner. The sale of goods counterfeiting the registered trademarks of others will cause serious property losses to the right holders, and will also bring damage to the goodwill of the units enjoying the registered trademark rights. Both property loss and goodwill damage are facts.

3. The offender is subjectively at fault, that is, the perpetrator has known or should have known the fact that the goods sold are counterfeit registered trademarks. 4. There must be a causal relationship between the illegal act and the damage consequence, that is, there is a causal relationship between the sales behavior of the wrongdoer and the damage result of the trademark owner.