Arrive nowadays holiday,
Liquor of of all kinds brand pulls open the supermarket when battle array sales promotion,
A lot of " specious " mountain fastness wine
Think " make a profit in troubled situation " ,
Loiter loiter is famous the heat of brand liquor,
Pack likeness of duplicate, name,
Let common people " foolish foolish cent is not clear " .
What they do not know is:
Registered trade mark is protected by law,
Any " draw near famous brand " , " copy famous brand " behavior
Can be punished severely.
Recently, lake of overgrown with weeds was tried one case via opening district court
True and false " of the dream blue " liquor one case,
Final tort just is compelled to stop tort not only,
Still paid more than 100000 yuan price.
Reporter from learn via driving front yard of district court intellectual property, inc. of brewery of Jiangsu foreign river fastens the 1470448th " foreign river " literal brand, the 7830163rd " of the dream blue " stereo brand (appoint color) , the 13176661st " of the dream blue " the person of trade mark right of literal brand.
On June 17, 2010, inc. of brewery of Jiangsu foreign river and revive Inc. of spirits group commerce is signed " common license uses label reach accredit book " , accredit revive Inc. of spirits group commerce is used include " foreign river " , " of the dream blue " all registered trade mark that wait inside, have right with revive name of Inc. of spirits group commerce is right the action that trade mark right relates before encroaching undertakes investigating, complain, sue, appeal.
On September 17, 2018, revive the investigation personnel discovery of Inc. of spirits group commerce, the name of an article of some sale inside large supermarket is the our city " Chinese dream 20 years " liquor, trade mark right is narrated before be suspected of encroaching. Outer packing of two brands liquor all is blue-black, and have " foreign river " , " dream " model of written characters, after opening, body is very similar also. For this, revive commerce Inc. sues spirits group to open district court to classics of lake of overgrown with weeds, the request sentences Ling Sumeng the tort behavior that foreign river of old the city zone of city of Inc. of vessel wine line of business, old change presses down foreign clean brewery to halt production, sale instantly, recoup pecuniary loss 200000 yuan reach reasonable charge 10000 yuan.
Lake of overgrown with weeds thinks via cognizance via opening district court, the trademark that registers legally ought to be protected by law. Inc. of brewery of Jiangsu foreign river is registered and use what go up in alcohol goods " foreign river " literal brand is maintained to be well-known logo, have extremely tall famous degree. Although wine of Jiangsu dream vessel is Inc. of course of study, old change city old the city zone is vast although brewery of river town foreign clean is located in foreign river town, but as course of study of person of the same trade and be located in the enterprise that is the same as an area witting to this behoove, ought to normative use place name, reasonable avoid let " foreign river " literal brand, avoid to encroach " foreign river " trade mark right, but much part of box and body highlights outer packing of case experience liquor use " foreign river " character, have the function of divisional commodity origin, ought to maintain use for brand sex, although with " foreign river " modelling of character of registered trade mark somewhat difference, but enough causes relevant consumer to happen promiscuous, the liquor that thinks case experience liquor and Inc. of brewery of Jiangsu foreign river are produced by accident is put in some kind to contact, encroached the 1470448th " foreign river " trade mark right.
Body of case experience liquor and the 7830163rd " of the dream blue " stereo brand (appoint color) in body photograph compares the blue liquor of the dream that show, all be clipper-built shell, tonal all be blue, upside is rotate type cap, shell is sizable, the front all has elliptic sign, visual effect comparatives, both form approximate, enough causes relevant consumer to happen promiscuous, encroached the 7830163rd " of the dream blue " the trade mark right of stereo brand.
Through cognizance, think via driving front yard of district court intellectual property: Case experience liquor manufactures by Inc. of line of business of wine of Jiangsu dream vessel, foreign river of old the city zone of old change city presses down foreign clean brewery to have production, inc. of line of business of wine of Jiangsu dream vessel and old the city zone of old change city are accordingly vast brewery of river town foreign clean should be assumed lawfully stop losing of enroach on, compensation civil liability. Experience of integrated consideration case of registered trade mark famous degree, fame, the property of tort behavior, during, the element such as the amount of product of case experience tort, price, drink the trading company compensates for wine of Xiang Su of brewery of foreign clean of town of foreign river of old the city zone of city of Inc. of line of business of wine of vessel of calm Jiangsu dream, old change pecuniary loss 100000 yuan, notarization expends 800 yuan to wait. After the case is adjudged, party did not mention appeal, adjudicate at present already become effective.
Undertake the judge reminds, be being managed legally is the premise that commercial main body undertakes commercial activity. Under the period setting that protects intellectual property strictly in the country, the infringer attempts to pass " draw near famous brand " , loiter other people is famous spent illegal behavior creation trades opportunity, get illegal benefit, be sure to get of law punish severely. In this case, "Foreign river " tie celebrated trade mark, the accused although be located in foreign river,just press down, but as course of study of person of the same trade and be located in the enterprise that is the same as an area this ought to reasonable avoid let register literal trademark, avoid to violate trade mark right. And actually rather, the accused just lends this situation instead, the tort behavior with sham and pass away the sham as the genuine, promiscuous travel. For this, the court increases the strength that sentence compensate, to as a warning to others of behavior of other and similar tort.
Toward period review ↓ ↓ ↓
Jiang Qiao begins laid pitch in
Attention! Card of public transportation IC retreats calorie of defer to arrive the end of the year
