Why is it called "100,000 why"?The court's claim 600,000 yuan!

Recently, the China Youth Daily noticed from the China Judgment Document Network that the "100,000 why" trademark infringement case ushered in the final judgment:

The Shanghai Intellectual Property Court maintained the original judgment, determined that the Shanghai Children's Publishing House won the lawsuit and sentenced to a total of 600,000 yuan in compensation for a Publishing House in Sichuan.

Published "100 Tens of Why" was prosecuted

Back to December 2019, Shanghai Children's Publishing House discovered that a bookstore sold a book "100,000 why" by a bookstore.

The name of the book, the cover of the book, the book cover, the sales picture, and the description all use the words "100,000 why". The book has "" 100,000 Bras "is a classic readings that affect generations, and it is an upgraded version of" 100,000 Breaks ".

The Shanghai Children's Publishing House believes that the relevant behavior of a Publishing House of Sichuan Publishing House after the trademark registration constitutes a trademark infringement. Request order:

I. A publishing house company and a bookstore to stop infringing the right to trademarks and stopping unfair competition; 2. A publisher company issued a statement to eliminate the impact; Essence

The court of first instance judged: 1. A publisher company stopped trademark infringement and unfair competition, and a bookstore stopped trademark infringement; 2. A publishing house company issued a statement to eliminate the impact; Reasonable expenditure is 100,000 yuan. After the judgment of the first instance, a company in Sichuan Publishing House refused to accept and appealed.

Court: The first instance judgment should be maintained

It is understood that "100,000 why" was first published by Children's Publishing House in 1961. It has continued to publish so far and has won awards and has a high popularity. On January 27, 2019, the Children's Publishing House, which was restructured by Children's Publishing House, won the "

"trademark.

The Shanghai Intellectual Property Court stated that according to the opinions of the parties during the second instance, the focus of the controversy in this case is: whether it constitutes a trademark infringement; Essence

The court trial believes that the use of "100,000 why" on the cover of the relevant books does not belong to the legitimate use of the content of the book, but it constitutes the use of trademarks for identifying the source of books, which exceeds the category of proper use and constitutes the case involved in the case involved in the case. The infringement of trademark rights.

Screenshot source: Shanghai Intellectual Property Court

In addition, a Sichuan Publishing House company uses the expression of "100,000 why 100,000 is the classic reading of several generations, a upgraded version of why 100,000". The misunderstanding of the upgraded version of the publisher company's series of books constitutes a misunderstanding of false publicity.

In the end, the court second trial: rejected the appeal and maintained the original judgment.

报 Source: China Youth Daily (ID: ZQBcyOL finishing: Chen Yishan) Comprehensive: China Magistrate Document Network, Shanghai Injustice Court, Southern Metropolis Daily, etc.

Editor -in -chief: Zhang Yanyun

华 Audit: Zeng Fanhua

┃ Review: Wang Hai

（China Youth Network WeChat (ID: Youthzqw), reprint

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