2019-04-10 18:14 | Zhejiang news client is carried | Wang Hua of reporter Meng Huanliang defends reporter money Dai
On April 10, law court of intellectual property trial makes public Zhejiang tall courtyard open a court session tried so a law case: Guangzhou man Zhou Mou registered 17 mountain fastness wildly " day cat company " , oneself are more with " president of group of investment of Guangdong day cat " name is engaged in running an activity. Later, zhou Mou and his company is sued by Alibaba and day cat. On December 19, 2017, hangzhou quadrangle makes first instance adjudicate, ask to its suspend corresponding tort action instantly and remove an effect, compensate for Alibaba group and pecuniary loss of day cat company 1.5 million yuan. Zhou Mou mentions appeal.
The court is adjudged on the court, reject appeal, maintain original judgement.
January 2015, after Zhou Mou investment creates company of Guangdong day cat, with company of Guangdong day cat joint investment established below the banner 16 to include " day cat " the body of proprietor of an enterprise that the character regards an enterprise as the name, "Day cat invests " " day cat cosmetic " " day cat electric equipment " " day cat gem " " science and technology of day cat biology " cat waiting for a day is a company, scope of operations covers investment, cosmetic, estate, intellectual property the many domains such as science and technology of representative, gem, biology, brand management, electric equipment, meal management, be managed in commerce and use in promotion activity " day cat " label.
On November 22, 2017, alibaba group and day cat company with " the enterprise below company of Guangdong day cat and banner and Zhou Mou carry out cat of enroach on day jointly authority of registered trade mark and unfair competition behavior " for, sue to Hangzhou quadrangle, the request is sentenced make stop tort instantly, claim for compensation 10 million yuan, apply for the ban in appealing to.
After Hangzhou quadrangle gets a case, organize bilateral hearing of witnesses, make civil ruling, ask 17 the accused stop to be used on management place, website instantly contain " day cat " the label of model of written characters, stop to be used in commercial activity instantly contain " day cat " the company name of model of written characters, and door application changes 15 days of indrawn The Ministry of Commerce and Industry since the day at ruling become effective company name, cannot reoccupy " day cat " model of written characters.
It is reported, this is our country court in the in appealing to prohibition that issues in the light of tort case, first requirement the accused changes the ruling of company name instantly.
Final, hangzhou quadrangle rules company of cat of calm Guangdong day and banner issue tort of enterprise and Zhou Mou brand and unfair competition to hold water, suspend corresponding tort action instantly and remove an effect, compensate for Alibaba jointly group and pecuniary loss of day cat company 1.5 million yuan.
After first instance is adjudged, company of Guangdong day cat and banner issue enterprise and Zhou Mou to refuse to obey, think brand of cat of experience record season should be not maintained for well-known logo, the action that its use the company name via approve of industrial and commercial bureau is lawful and significant, and did not give Alibaba group and day cat company cause a loss, first instance adjudicates certain compensatory amount is exorbitant, because this mentions to Zhejiang tall courtyard,appeal.
Zhejiang tall courtyard thinks via cognizance, brand of cat of experience record season already by the public hep, can be maintained to be well-known logo, limited company of management of meal of Guangdong day cat is in door head office to highlight use " day cat " the behavior of the label forms brand tort, the enterprise below company of Guangdong day cat and banner and Zhou Mou are registered, use the company name that contains day cat written language, be managed in the enterprise and use in advertisement conduct propaganda, subjective on have vie day cat is celebrated label is famous spent apparent ill will, go up objectively to cause consumer easily to think its and Alibaba have certain connection between group and day cat company by accident, violated honest credence principle and accepted business ethics, destroyed market competition order, make unfair competition conduct.
In the meantime, zhou Mou invests 17 enterprises such as company of Guangdong day cat, regard tort as the tool these enterprises, brought about this case to damage sequential happening jointly, because this forms collective tort.
[Zhejiang news + ]
In recent years, intellectual property of Zhejiang court aggrandizement is protected, advance intellectual property in the round " three-in-one " adjudgement, increase tort behavior to punish a gender to compensate for strength, service innovation drive develops.
Zhejiang saves a court to explore intellectual property judicatory actively to protect medium new difficult issue completely, made a batch of high-quality goods cases that have direct sense.
Whole world of cognizance of Hangzhou Internet court is famous animation figure " piggy admire is strange " British copyright person prosecutes case of tort of company of two toys of domestic, adjudicate accuser wins the lawsuit, reflect equality to protect the consistent position of intellectual property of company of China and foreign countries, cause very good echo in the world.
Last year, complete province controls intellectual property newly in all case of civil first instance 28276, careful writtens guarantee 25549, rise compared to the same period respectively 27.37% with 21.84% , receive amount of end a case to occupy the 10% above of countrywide gross, rank the whole nation for years continuously the 3rd.
