With the false propaganda of the "Xiaomi" trademark, Pinduoduo Online shop owner was sentenced to claim

A "Xiaomi" trademark is frequently used in household electrical appliances such as Yuba, heating fan, flat lamp, and Liangba commodity in sales. To this end, the owner of the online shop and the e -commerce platform, Pinduoduo, was complained to court by the "Xiaomi" related companies.

On July 14, the surging news reporter learned from the Shanghai Intellectual Property Court (hereinafter referred to as the Shanghai Intellectual Property Court) that recently, the court's Xiaomi Communication Company) and the defendant Zhou Moumou, Shanghai Meng Xunmeng Information Technology Co., Ltd. (hereinafter referred to as the dream search company) infringed the trademark right and unfair competition dispute cases to make a first trial judgment. In competition, Zhou Moumou compensated economic losses and rational expenses of 500,000 yuan.

The pictures of the court on the court are all pictures of the Shanghai Injustice Court.

According to the Shanghai Intellectual Property Court, the plaintiff Xiaomi Technology Company and Xiaomi Communication Company jointly claimed that Xiaomi Technology Company enjoys the "Xiaomi" trademark No. 8228211, and approves the use of the product category to use the category 9 visual telephones, hand -telephones and other products. Xiaomi Communication Company is authorized by Xiaomi Technology Company, and has the right to use all trademarks held by Xiaomi Technology Company when selling and distributing goods globally on August 25, 2010. After the publicity and use of the two plaintiffs, the above -mentioned registered trademarks have a high popularity.

The two plaintiff found that the defendant Zhou Moumou displayed the word "Xiaomi" in the Yuba, heating fan, flat lamp, Liangba product sales pages and sales products displayed on the shop operated by Pinduoduo platform. In the shop's product promotion, the words "Xiaomi 丨 Life Electric Special Solding Store", "Xiaomi Energy Sales Lights and Market Lights Two Electricity Toll Comparison" and "Entering Xiaomi" QR code point to the content of the page for false and misunderstandings Business publicity.

Product pictures involved in the case

Liangyuan told the court that the "Xiaomi" trademark involved in the case was a well -known trademark. The aforementioned behavior of the defendant Zhou Moumou was used without authorization on different types of goods, and the sales of the same trademark as the plaintiff's registered trademark constituted a trademark infringement; the defendant Zhou Moumoumoumoumou The false propaganda behavior has the intention of climbing the "Xiaomi" trademark and the popularity of the two plaintiff companies, constitutes unfair competition.

The two plaintiffs believe that at the same time, the defendant's dream company should be neglected to perform the review and supervision obligations, and provides convenience and profits for the defendant Zhou Moumou's infringement, and shall bear the corresponding legal liability. The two plaintiff requested the court to order the defendant Zhou Moumou to stop infringement and improper competition, publish a statement of apology to eliminate the impact, compensate for economic losses of 5 million yuan and rational expenditure of 100,000 yuan, or ordered the defendant to find a dream company to delete the link.

After hearing, the Shanghai Knowledge Court believed that the plaintiff Xiaomi Technology Company No. 8228211 "Xiaomi" trademark continued to be used to this day after approval. It can be determined that the trademark involved in the case has been widely known for the relevant public in China in 2020 and is a well -known trademark. The defendant Zhou Moumou sold the names of Yuba, thermal aircraft, flat lamps, and Liangba in the stores that they opened in the stores. In many places, "Xiaomi", "Xiaomi Family Yuba", "Xiaomi Family Wind Warm", "Xiaomi Furniture Plate Light", "Xiaomi Home Cool Battle" and other signs.

Screenshot of the product information page involved in the case

This logo uses the "Xiaomi" trademark involved in the case, which belongs to the well -known trademark involved in the "Xiaomi" in the case of copying and imitating the plaintiff's registration. The interests of the right holder constitute a trademark infringement.

The defendant Zhou Moumou showed that it was "Xiaomi | Life Electric Specialty Store" in his store video, which would mislead the relevant public that the product sold by the store comes from the plaintiff or the plaintiff's relationship with the plaintiff. The intention of enhancing the competitive advantage is against the principle of honesty and trust, and it constitutes unfair competition.

The defendant Zhou Moumou implemented the unfair competition behavior of trademark infringement and false propaganda, and should bear civil liability for stopping infringement and compensation for losses in accordance with the law. In view of the infringement products involved in the case, the two plaintiff confirmed this, so the plaintiff's claims to stop infringement and delete all publicity web pages have no support.

In summary, the Shanghai Injustice Court made the above judgment in accordance with the law. After the sentence, the parties of the two sides were not appealed, and the case had taken effect.

Source: Surging News

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