| 2 十二月 |
Court debate
The prosecution: “Hang Seng” is the nicknames
Fanglin prosecution Jimin said, “Hang Seng” is his nicknames, March 28, 2001, the State Trademark Office to register, and then have the “Hang Seng (HENGSHENG)” is a trademark licensing main commodities such as gold and silver jewelry in The exclusive right to use English.
Jimin Lin believes that gold jewelry in Dongguan City, Hang Seng Bank Limited ( “Dongguan Hang Seng”), in the absence of his own permit, the Hang Seng in Dongguan products and advertising on the use of trademarks have been registered by Lin and in operating through the tort China has benefited from it immensely, and a serious violation of Lin exclusive right to use registered trademarks, requested Dongguan Hang Seng jewelry to stop using ‘Hang’ name and stop signs in their company and products and the use of ‘Hang’ or ‘HENGSHENG’ words with the same or similar The logo, at the same time require the destruction of existing Dongguan Hang Seng jewelry engraved with ‘Hang’ or the words are linked to ‘Hang’ and signs of infringing products, Jimin Lin compensation for loss of 1,500,000 yuan.
Hang Seng Dongguan: in the 1990s has been opened
Lam to the Jimin claims, Dongguan Hang Seng argued that jewelry was founded in 1995, formerly known as the “gold jewelry in Dongguan City, Hang Seng Bank”, “Hang Seng” trade mark, far earlier than Jimin Lin registered “Hang Seng” in 2001. Dongguan with the Hang Seng has grown in strength and in 2001 registered as a limited change, continue to extend to the “Hang Seng” trademark, the use of time, significantly earlier than Jimin Lin.
“Dongguan Hang Seng now employs more than 2,000 people, the Hang Seng up a special counter sales of more than 600, network coverage nationwide, since 1995, the Hang Seng in Dongguan ‘Hang’ brand began to invest a large amount of money on publicity, a total of more than tens of millions of years.” Hang on behalf of the Dongguan Lawyers said the Hang Seng in Dongguan aware of the “Hang Seng” to the registered trade mark, have asked the State Trademark Review and Adjudication Board ruled that the revocation of the trademark, the State Trademark Review and Adjudication Board has accepted the application.
Hang Seng lawyer, said Dongguan, Dongguan, many of the local private entrepreneurs lack awareness of intellectual property protection, once the dispute came before are beginning to realize the seriousness of the problem, “Hang Seng opened 13 years, but have not registered trademarks. When we realize that May be a problem, the rush to register, ‘Hang’ has been registered. Hope that the ‘Hang’ thing enterprises can learn a lesson from Wando, the effective protection of intellectual property rights. ”
】 【Court decision
“Along the famous” no basis in favor of the Hang Seng Dongguan
City Intermediate People’s Court, after hearing that Lin’s Jimin, “Hang Seng” was registered in August 2002, Hang Seng Company was established in Dongguan in April 2002, from Dongguan to see the history of the development of the Hang Seng, the Hang Seng was first established in Dongguan in October 1995, earlier than Jimin Lin, “Hang Seng” a registered trademark of time.
From the parties of the “Hang Seng” the use of the term, Lin Jimin case involving the use of registered trademarks is limited to the scope of his father operated by individual industrial and commercial households, “Chaonan District of Shantou City Xiashan jewelry Hang Seng Bank” calendar store and, at the same time, Lin Jimin there is no evidence to demonstrate that they have the “Hang Seng” direct use in jewelry products, to the Jimin Lin can be seen, “Hang Seng HENGSHENG” a registered trademark of even minimal use of non-existent. On the contrary, the Hang Seng Dongguan in the media about 200 million advertising campaign, the Hang Seng Dongguan, there was no “along the famous” subjective and the objective needs of malicious.
To sum up, Lin Jimin The court held that the claims lack legal and factual basis, according to the Jimin Lin rejected all the claims.
□ cases
Store Maimeipaihuo
Operator sentenced infringement
The court:
The company has great ambitions trademark “Musil”, approved by the furniture in the use of goods and exclusively licensed to the way the company permission to use Musil.
Musil’s the trademark applies to “Musil” series bedroom supplies, “Musil” series bedroom supplies in the market, good economic benefits. In 2006, Musil with Xu, Liu Ming consultations by Xu, Liu Ming Dongguan in the square to open a home, “Musil” series of specialty products, sales agents Musil’s “Musil” series and its Deputy sales of products used in “Musil” trademark.
Early in 2008, the total population of Hong Kong, Musil found Xu, Liu Ming imitation in private, “Musil” series bedroom supplies, and the use of generic products, “Musil” trade mark, and then in the home above the square, “Musil” store for sale Musil and non-product placed next to the trademark Musil price tags. Then included Xu, Liu Ming court.
After the court confirmed that Liu and Xu Ming’s trademark does not permit, in Musil store sales in non-operating Musil, his behavior constituted a violation of the total population of Hong Kong’s trademark rights. Court orders Xu Ming Liu and immediately stop infringing the plaintiff and compensate the economic losses 25,000 yuan.
Judges comments:
This is a violation of the plaintiff’s trademark rights, Musil stores involved in the product trademarks are the property of a patent.
In this case, we can see that the market is now among a number of brand monopoly operator to be related to a trademark despite the permission of the patentee, but the temptation for economic benefits, usually without a patent trademark of allows people to own one mixed with other goods, and even Yicichonghao to mislead consumers. Such acts not only on the rights of human rights violations, but also harmed the legitimate rights and interests of consumers.
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