Delixi was compensated 5 million yuan, and the final judgment of the dispute over the intellectual property maintained the original judgment
Author:Zhejiang Magazine Time:2022.09.06
Recently, the final judgment of the Zhejiang High Court, Delixi Group Co., Ltd. (hereinafter referred to as "Delixi Group"), founded by Zhejiang Shang Hu Chengzhong, and Shangde United Electric Group Co., Ltd. (hereinafter referred to as Zhang Diejie as a legal representative with his fellow villagers (hereinafter referred to as The "Shang Germany United") Intellectual property case, the first trial was maintained, and the latter must compensate the former 5 million yuan.
On May 10 this year, the first instance of the Wenzhou Intermediate People's Court ruled that Shangde Joint uses the "Delixi" name to form an unfair competition against Delixi Group. After the first instance, both sides were dissatisfied and appealed to the High Court of Zhejiang Province.
Delixi Group's appeal request changed the judgment of Shangde Joint Compensation for the economic loss of 40 million yuan and a reasonable cost of 500,000 yuan; while the above -German joint appeal request to revoke the first trial judgment, the case returned to retrial or rejected all the claims of Delixi Group.
On August 31, Zhejiang High Court ruled that Shangde jointly registered and used "De Lesi" as a corporate name, which can easily cause the relevant public to confuse misunderstanding and constitute unfair competition. "Fortune 500" and "well -known trademarks in China" constitute false propaganda; courts in the first instance determined that the U.S. German joint compensation for compensation for economic losses was enough to make up for the damage of the Delici Group, and it was not obviously improper.
To this end, the Zhejiang Provincial High Court determined that the claims of the Delixi Group and the U.S. Germany jointly could not be established.
The two companies founded by the Delixi Group and Shangde, also founded by the people from Yueqingliu Town, Wenzhou. In the past 30 years, for the well -known brands of "Delixi", they have continued to dwell in the three places in Zhejiang, Shanghai, and Beijing.
The reporter of "Zhejiang Business" noticed that in recent years, Delixi Group's winning rate in various places has a high victory rate, and the United Dede Union has almost formed a trend of pursuit. However, Shangde's joint steps retired, and because of the Supreme Court ruled, on November 30, 2021, the company name was changed from "Delixi United" to the current name, and only one word "Delixi" was left.
The battle of "Delixi" has a long time.
The predecessor of Delixi Group, "Seeking the Kaishi Plant" in 1984, was founded by Hu Chengzhong in Yueqing, Wenzhou. In 1991, the Delixi Electronic Component Factory in Leqing County was established. The approval was a nationwide regional group company, and in January 2001, it was changed to Delixi Group Co., Ltd.
Shanghai Delixi Switch Co., Ltd. was registered and established in 1994, known as Shanghai Delixi Switch Factory. In 1998, it obtained the name of Shanghai Delixi (Enterprise) Co., Ltd. pre -registered. In 1999, it changed its name to Shanghai Delixi Switch Co., Ltd. In 2014, Shanghai Delixi Switch Co., Ltd. invested in the establishment of Delixi United Switch Group Co., Ltd., which became the core enterprise of Delixi switching system. The company was originally established in Ruian, Wenzhou, and moved to Shangrao City, Jiangxi Province. On November 30, 2021, it was renamed Shangde Union.
The rename of the United and Germany's union is the result of the series of more than five years of Liccie Group.
On June 23, 2016, Delixi Group submitted an application for the case to the former State Administration for Industry and Commerce, requesting to order the original Delixi to change the name of the enterprise in accordance with the law. On April 17, 2017, the former State Administration for Industry and Commerce rejected the above request. The Delixi Group complained to the Beijing Intellectual Property Court. In 2020, the court determined that the State Administration of Market Supervision should be revoked and re -decided in accordance with the law.
However, the former Delixi jointly refused to accept it and successively sued the Beijing High Court and the Supreme Court. The Supreme Court ruled on September 29, 2021 to reject the retrial application. On November 30, 2021, the former Delissi jointly renamed the U.S. Union. The five -year -old battle for the five -year rename was eventually coming to an end.
The existence of "true and false derice" makes it difficult for the outside world to distinguish. There are two brands of "Delixi Delixi" and "D & C" on Tmall. Some physical stores also sell products from two companies at the same time, which can easily lead to misunderstanding of consumers.
Regarding the intellectual property rights around the word "Delixi", what will happen in the future, "Zhejiang Shang" reporter will continue to pay attention.
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