Huaihua Intermediate Court released 4 typical cases of intellectual property rights

On September 27, the Huaihua Intermediate People's Court held a press conference on the trial work of intellectual property cases. The full -time members of the trial committee reported to Dun to report the trial of intellectual property cases in Huaihua Court. Typical Case. The press conference invited some provincial people's congress representatives, the relevant staff of the intellectual property protection section of the Municipal Market Supervision and Administration Bureau, as well as news media such as Huaihua Daily, Huaihua TV Station, Huaihua Radio, Huaihua News Network.

Since 2020, the Huaihua Court has tried a total of 843 cases of intellectual property rights in accordance with the law. At present, the city's intellectual property trial work mainly presents the number of civil cases, the number of criminal cases has declined, and the number of cyber infringements is easy to develop. Most of the main body of rights protection is foreign enterprises. It involves registered trademarks of well -known enterprises in many industries such as cultural entertainment, home appliances, cosmetics, daily necessities.

As the people's demands for intellectual property protection have continued to grow, in recent years, the Huaihua Court has based on reality, giving full play to the leading role of judicial protection, guided by respect for intellectual property rights, guiding the value of intellectual property market, continuously strengthening strict protection, maintaining maintenance, maintenance Legal and orderly market economy order; adhere to the focus of deepening reform, improvement of the system, and unified rules, and actively explore the innovation of the trial system and mechanism that meets the characteristics of intellectual property cases, improve the efficiency of intellectual property trial work; rely on the court's Internet portal website and WeChat public account Platforms, continuously strengthen the publicity of the rule of law, and create a good atmosphere of intellectual property protection; strengthen collaborative protection, form a situation of private forces, administrative law enforcement, and judicial forces to build a protection pattern, which provides a fast, harmonious and diverse solution for the resolution of intellectual property disputes to solve the resolution of intellectual property disputes. channel.

At the press conference, the Dunlai Special Committee also changed the jurisdiction of the intellectual property case, how the individual or the enterprise could avoid the trouble of the intellectual property disputes in the production and operation, and how the next stage was further strengthened to strengthen the judicial protection of intellectual property and create a better. The question of the rule of law business environment and other questions answered questions from media reporters.

In order to better demonstrate the achievements of intellectual property protection of intellectual property in our city and further play the role of publicity, demonstration and guidance of typical cases, the Huaihua Intermediate People's Court selected 4 typical cases from the city's intellectual property cases for release.

Case 1: The infringer has assumed criminal responsibility for the same act and does not affect its corresponding civil liability according to law.

Basic case:

Xiao Mou and Zhang operated a "Jutong Building Material Store" at the 319 National Highway in Fuling County, Huaihua City. From January 2016 to March 2018, Xiao Mou and Zhang Mou knew that Zhang Jin produced counterfeit "Lianluo" Lianluo "Lianluo" "The registered trademark products still purchase more than 19 million yuan from Zhang Jin to fake the" Lianlian "registered trademark PVC series drainage pipe accessories and sell them. On September 28, 2020, Xiao Mou was sentenced to two years in prison, two years of probation in the Qidong County People's Court for the crime of selling counterfeit registered trademarks for the sale of counterfeit registered trademarks. On November 22, 2020, Zhang was sentenced to two years in prison, three years of probation in the Qidong County People's Court for the crime of selling counterfeit registered trademarks for selling counterfeit registered trademarks. After the incident, Xiao and Zhang refunded 90,000 yuan to the public security organs. On November 2, 2021, Lianlang Company sold the registered trademark of "LESSO Lianhe" registered trademark of "LESSO" registered and "Lianlang" registered trademark products No. 10670117 " Court.

Trial:

Lianluo Company No. 10670117 "LESSO Lianlian" and the legal right holder of the registered trademark of the "Lianli" registered trademark No. 130533, its registered trademarks are protected by law. The commodity behavior of the registered trademark of the "Lianhe" registered trademark No. 130533 invaded the special rights of the registered trademark of Lianhe Company. Although Zhang and Xiao have been punished by this behavior, Zhang and Xiao should still bear the corresponding corresponding according to law according to law Civil responsibility. Comprehensive consideration of the nature, period, consequences, the degree of adverse impact, and criminal penalties of criminal penalties, and the mediation agreement reached with Fuling Jutong Building Materials Sales Store before Lianlang Company. For factors such as reasonable expenses, the people's court ruled that Zhang and Xiao Mou compensated Lianluo's economic loss and reasonable costs to stop infringement for a total of RMB 30,000;

Typical meaning:

The well -known brand of the "Lianlang" pipeline is the building materials industry. The criminal behavior of the brand has infringed the intellectual property rights of the enterprise, disrupted the market economy order, but also caused hidden dangers to the construction quality of related engineering projects. The people's court has successively judged that the second infringer assumes the corresponding criminal responsibility and civil liability, so that the infringer pays the price far exceeding his attempt to benefit, thereby effectively cracking down on the act of infringing intellectual property, protecting the intellectual property rights of related enterprises, obtaining the obtaining the intellectual property rights, obtaining the relevant enterprises Good legal and social effects.

Case 2: After joining the contract, it still uses the original service logo to form an infringement of trademark rights.

Basic case:

The county Mengjie Home Textile Store was a franchise store for Hunan Mengjie Home Textile Co., Ltd. After joining the contract, it still uses the logos such as "Mengjie Home Textiles" and "Mendale" at the door, and uses "Mengjie Home Textiles" and "Mendale" logo in many places such as shelves and cashier in the store. On February 15, 2022, Hunan Mengjie Home Textile Co., Ltd., on the grounds of the use of its trademark logo in the door, shelves and other places, the Dream Jie Home Textile Store infringed on the special rights of its registered trademark and claimed to the court. Trial:

Hunan Mengjie Home Textile Co., Ltd. is the "Mengjie" text trademark No. 629570, No. 6585111 "Mengjie Mendale" graphic letters, No. 19482871 "Mengjie Home Textiles" text trademark, No. 29722263 letter trademark, 29738301 The legitimate right holder of the "Mengjie International Home Furnishing Museum" text trademark, its registered trademark is protected by law. In the same time, the Mengjie Home Textile Store expired after joining the contract, and still used the "Mengjie", "Mengjie Home Textiles" and "Mendale" of Hunan Mengjie Home Textile Co., Ltd. The logo, although there is also a "Mengjie" brand's goods for sale in its store, but the county Mengjie Home Textile Store has exceeded the reasonable limit of explaining to consumers or describing the source of its goods. Mengjie's "Mendale" is alone and highlights the use of the signboards on the shop door, which can easily cause consumers to mistakenly believe that the store is in the flagship store and specialty store of Hunan Mengjie, or it considers it to have a trademark or font license with Hunan Mengjie The use of related relationships to confuse and misunderstand the relevant public, which belongs to the infringement of other damage to other people's registered trademarks, which constitutes a trademark infringement. Stock Limited No. 829570, No. 6585111, No. 19482871, 29722263 registered trademark exclusive rights, immediately demolish door shops with the words "Mengjie", "Mendale", and compensated the plaintiff The economic loss of Hunan Mengjie Home Textile Co., Ltd. and reasonable costs incurred to stop infringement.

Typical meaning:

In this case involving the expiration of the franchise contract, and when the original franchisee still sells the original licensee, how can the original franchisee reasonably use the original license party trademark. In the judgment of this case, the people's court clarified the scope of reasonable use of the original license party registered trademark, that is, within the reasonable limit of explaining or describing the source of the goods they operated, the relevant public must not be confused and misunderstood. The judgment of this case is conducive to promoting fair and benign competition between market entities.

Case 3: Delicate the reputation of well -known trademarks. When producing and selling similar products, use the same or similar logo as well -known trademarks to constitute the right to infringe on trademarks.

Basic case:

Tsingtao Beer Co., Ltd. is the text trademark of "Tsingtao Beer" No. 1304176 and the registered trademark of the letter trademark of "Tsingtao" No. 1351701. On September 19, 1991, Qingdao Beer Co., Ltd. used the "Qingdao" trademark on beer products by the State Administration for Industry and Commerce as a well -known trademark. On March 18, 2019, the entrusted agent and notarization office of Qingdao Beer Co., Ltd. came to the "Hafu Trading" store of Huaihua Hexi Trading City and purchased a beer named "Haixu Qingdao Chunshuang". On August 15, 2019, Qingdao Beer Co., Ltd. was sued to the court on the grounds that Hunan Haixu Beer Co., Ltd. infringed its registered trademark right.

Trial:

The infringing goods are the same as the "beer" approved by the 1304176 and No. 1351701 of Qingdao Beer Co., Ltd. The argument of the infringing commodity bottle includes "Tsingtao Beer" and "Tsingtao" relief logo. Compared with the trademarks of No. 1304176 and No. 1351701 of Qingdao Beer Co., Ltd., there is basically no visual difference, constituting the same trademark. The "Qingdao Chunshuang" text logo, the "QSINGTAOPURE" English logo, which is prominently used on the front label and the back of the back, is similar to the trademark of the trademark of the trademark of No. 1304176 and No. 1351701. Tsingtao Beer Co., Ltd. has formed a strong significant and high popularity during the long -term use and maintenance of "Tsingtao Beer" and "TSINGTAO". The popularity of the "Qingdao Beer" and "Tsingtao" trademark should be known that Hunan Haixu Beer Co., Ltd. uses the same or approximate logo on the beer packaging produced by Tsingtao Beer Co., Ltd. , Will cause the relevant public to misunderstand the source of the goods, which constitutes an infringement of the trademark rights of Qingdao Beer Co., Ltd.. The behavior of the infringing goods with the same or approximate identification of the registered trademarks of No. 1304176 and No. 1351701 shall bear the corresponding infringement liability. The People's Court ruled that Hunan Haixu Beer Co., Ltd. immediately stopped the production and sales of the plaintiff Qingdao Brewery Co., Ltd. No. 1304176 and 1351701 registered trademarks for registered trademarks. 000 yuan. Typical meaning:

This case is a typical case of strengthening the protection of well -known brands in key areas and blocking malicious infringement. The people's courts are guided by encouraging honest competition and curbing imitation and having ride -hailing. They fully make up for the losses of the right holders according to the significant and popularity of the trademark, the subjective intentional intentional intentional intention, the time of infringement, and the area involved in the area. The trademarks, fonts, imitation, and other imitation of stools are of positive significance for guiding the integrity of market players and creating independent brands.

Case 4: WeChat public account was reproduced by the copyright owner's work without the permission of the copyright owner, constituting copyright infringement.

Basic case:

However, Chu Technology Company was authorized by Ono Jesi (Xiamen) Clothing Co., Ltd. to be entrusted by the photographer Ding Guoliang, entrusted by the photographer of the Oyeo (Xiamen) Clothing Co., Ltd. The right to spread the information network of pictures and video works, and can adopt legal measures to protect the right to infringement of the information network of authorized works in the name of infringing authorized works. Reliable Welfare (Hangzhou) Technology Co., Ltd. registered WeChat public account "Reliable Welfare" (WeChat signal Kekaofuzhi). On May 11, 2017, she released entitled "She is the Queen of Xiamen Ying. The article will be 85 -year -old "18 -year -old". The article uses a total of 12 pictures of being charged with infringement. After comparison, the 12 pictures of the infringement of infringement are the same as the 12 cases authorized by Weichu Technology Corporation Eye Oyei (Xiamen) Clothing Co., Ltd. On April 22, 2020, Chu Technology Company claimed to the court on the grounds that the reliable well -being (Hangzhou) Technology Co., Ltd. infringed on the right to spread the information network of their works.

Trial:

The expression of the picture has a certain degree of intellectual creativity, and the overall is originality. Reliable Welfare (Hangzhou) Technology Co., Ltd. has not permitted, using the public account of its operating public account. After the network users open the website, they can download and browse through the online time and place according to the personal selected time and place. Obtaining this work, the behavior of reliable and well -being (Hangzhou) Technology Co., Ltd. infringed the right to spread the information network of the information network involved in the work involved. Chu Technology Co., Ltd. involved in the transmission of the picture information network involved in the case, and compensated the plaintiff's economic loss and reasonable rights protection expenses for the plaintiff.

Typical meaning:

With the vigorous development of the media, more and more people have registered the WeChat public account, and the market entities have paid more and more attention to image publicity and product sales on the WeChat public account. However, as a registered person in the public account, we should use the right of respect and manages the WeChat public account on the premise of respecting others. The provisions of the article should stop the damage and compensate the losses of the copyright owner.

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