Guangzhou man Zhou Mou is registered wildly
17 mountain fastness " day cat company "
Oneself are more with
"Guangdong day cat invests group president " name
Be engaged in running an activity
Zhou Mou is mixed later his company
Suffer Alibaba and day cat sue
On December 19, 2017
Hangzhou city quadrangle makes first instance adjudicate
Ask its suspend corresponding tort action instantly
Remove an effect
Compensate for Alibaba group and day cat company
Pecuniary loss 1.5 million yuan
After that, zhou Mou mentions appeal
This morning, law court of intellectual property trial is in Zhejiang tall courtyard the 2nd court makes public Zhejiang tall courtyard open a court session tried cat of appellant Guangdong day to invest the Babaji in enterprise and below group limited company and banner 16 Zhou Mou and appellee A the group controls a limited company (A of the following abbreviation.
Adjudge on the court:
Reject appeal, maintain original judgement
Guangdong day cat
Reach Zhou Mou to register, use contain
The company name of day cat character
Violate honest credence principle and accepted business ethics
Destroyed market competition order
Make unfair competition conduct
The compensatory amount with certain court of first instance is reasonable
The group applies for Alibaba and registered a series of day cat characters and graph "" brand, all be in lawful and significant position at present, round subordinate is in charge of the Babaji in A of department of day cat firm the company of management of day cat platform and operation, its obtain Alibaba character of cat of season of record of group license use experience and graphical brand.
Case detail
In January 2015, after Zhou Mou investment creates company of Guangdong day cat, with company of Guangdong day cat joint investment was established in all 16 are included " 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.
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, reason mentions to province tall courtyard appeal.
Zhejiang tall courtyard thinks via cognizance, brand of cat of experience record season already by relevant public place 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 seventeen enterprise such as company of Guangdong day cat, the department regards tort as the tool this somes of enterprise, subjective go up the meaning contact that has collective tort, go up objectively mutual division of labor, give full cooperation, brought about this case to damage sequential happening jointly, because this forms collective tort.
Label of record of integrated consideration experience is famous degree, the property of tort behavior and clue, Alibaba the element such as the expense of rational thought power of group and expenses of day cat company, the compensatory amount with certain court of first instance is lawful and reasonable. On put together, a:appellant reason of the enterprise below company of Guangdong day cat and banner and Zhou Mou all cannot hold water, cognizance fact of first instance court decision is clear, applicable law is correct, law sets related basis of Zhejiang tall courtyard, sentence your: Reject appeal, maintain original judgement.
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