Tesla sued "Tesla Beer"

The Tianyancha APP shows that recently, Tesla (Shanghai) Co., Ltd. (hereinafter referred to as "Tesla") and China Beicol Food Co., Ltd. (hereinafter referred to as "China drink food"), Guangdong Zhongjie Food Co., Ltd. (hereinafter referred to as The "Guangdong Drinking") jointly added a new case of the "violation of trademark rights". The case will be held in the Shanghai Intellectual Property Court on June 23.

商标局网站数据显示，第13113593号“特斯拉TESLA MOTORS”商标，最早是由福建亿翁贸易有限公司于2013年8月提交注册申请，于2019年11月6日转让给陈娟，又于On February 27, 2021, transferred to China drinking food; trademark registration categories 32, registered projects include "beer" and so on. Later, Tesla was sued by Tesla to court because of "Tesila".

In addition, according to a civil jurisdiction disclosed by the Shanghai Higher People's Court, Chinese drinking food believes that "TESLA" is the name of a scientist. Essence It is understood that China drinking food has applied for more than 50 related trademarks involved in Tesla, and also applied for trademarks such as "new crowns" and "double Huanglian".

According to the Civil Ruling of the Shanghai Higher People's Court, Tesla believes that China drinking food was transferee in March 2021 to obtain trademark No. 13113593, but he had been charged with infringing products involved in the case before the transfer. At the same time, the logo used on beer products as "TESILA" is not trademark No. 13113593. In addition to beer products, soda products are also produced, and soda wine is not approved by trademark No. 13113593, which is not the same product category as beer. Therefore, the use of trademarks of the two appellants is not the use of registered trademarks in the approved product.

In addition, Chinese drinking food believes that "Tesla" and "TESLA" are the names of Serbian American scientist Nicholas Tesla. Trademarks are not Tesla's dedicated and original trademark names, and lack of significantness. It cannot expand its protection scope without restrictions because Tesla cars have later become well -known.

According to the Tianyancha APP, China drinking food was established in May 2019 with a registered capital of 50 million yuan, and the legal representative Chen Xuanzheng.

Source | Red Star News

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