New capital signs up for dispatch (reporter Wang Wei) encroach Denmark " Jiashibai " the trade mark right of beer, shandong Jia Shibai company be appealed to to come court. Now (on March 21) bulletin of court of people of Shi Jingshan division weighs Beijing, company of Jia Shibai of the accused of court decision of forensic first instance forms tort and this company still carried out company name to copy is risked and publicize action of two unfair competition phonily alone. The court is sentenced make its stop tort, compensate for Danish Jia Shibai 1.08 million yuan pecuniary loss.
Danish Jia Shibai contrasts at Shandong Jia Shibai brand. The court offers a plan.
Si Baige company sues accuser card Er say, of its under one's name " Jiashibai " beer world is famous, and " Jiashibai " and " Carlsberg " it is famous degree of very high effective registered trade mark. Company of the accused Jia Shibai, Jin Fulong company is permitted without accuser, produce or sold the beer that violates plaintiff trade mark right, the accused Zhang Mou regards Jiashibai as the legal representative of the company and sole partner, the agree carries joint liability. This tegument accused Dai Mou to sell the beer that violates plaintiff trade mark right in the store cleaning out treasure that its run, jia Shibai company uses as famous as accuser label " Jiashibai " same company name, use intentionally in publicizing a sale the abbreviation such as Jiashibai and " pure European taste " wait for diction, make unfair competition.
Afore-mentioned 4 the accused rejoin respectively say, commodity of tort be appealinged to is not You Jiashi uncle production of company, Jin Fulong company, sale. The name of Jia Shibai company lawfully via the industrial and commercial branch that register approve hind is registered, also did not do in be managed daily outstanding show, should enjoy right of legal entity full name. Zhang Mou is business partner and legal representative only, the civil liability of Jia Shibai company should not penetrate arbitrarily to natural person partner. Dai Mou already stopped to sell product of tort be appealinged to before accuser is sued, should not assume liability to pay compensation. On put together, different idea tells bring a case to court the plea formerly.
The court is found out via cognizance, company of Si Baige of accuser card Er ties experience record 7 " Jiashibai " " Carlsberg and graph " the special right person that waits for series registered trade mark, and experience record label is had in China know higher the name is spent and consequence.
About brand tort, shi Jingshan court thinks, the beer commodity of the store of the net that clean out treasure that is accused tort label appears in the public to buy company of Yu Jinfu dragon to manage place and Dai Mou go up or in relevant conduct propaganda, and appear for many times on the outer packing inside commodity of tort be appealinged to " supervise the manufacture of of limited company of Shandong Jia Shibai beer " " accredit produces business: Limited company of beer of dragon of Shandong gold inspire confidence in sb " wait for model of written characters, in make element, element the position and arrange combination, design the respect such as style and integral vision effect and " Jiashibai " brand height is approximate, bring about the public extremely easily promiscuous mistake, already formed use on same goods with accuser experience case registered trade mark is identical brand, or use approximate label and cause promiscuous case easily.
Company of Jia Shibai company, dragon of golden inspire confidence in sb carried out the production, behavior that sells goods of tort be appealinged to jointly, when the company carried out Jia Shibai to be popularized in conduct propaganda alone, use as identical as experience record label or the behavior of close brand, all encroached accuser experience case the special right of registered trade mark, the agree is carried suspend the legal duty such as loss of tort, compensation. Dai Mou sold goods of tort be appealinged to but can prove channel of its replenish onr's stock and paid reasonable to valence, the agree carries the legal responsibility that halts a sale. Proved piece of a certain person to carry out behavior of experience case tort without evidence and fact now, because this cannot be maintained namely by its legal representative and sole partner status only,its should be behavior of experience case tort to assume legal responsibility.
About unfair competition, shi Jingshan court thinks, company of the accused Jia Shibai will inform a registered trade mark to be used as company name formerly, the production that pursues congener goods is managed, bring about the promiscuous mistake of general public extremely easily, think to specific relation exists between its and accuser, this behavior violated honest credence principle, have apparently climb add accuser business praise those who get unfair competition advantage is subjective and intended, make unfair competition.
In addition, company of the accused Jia Shibai publicizes diction in its website, point to accuser to block company of Er Si Baige to reach its apparently " Jiashibai " brand and commodity, enough of this conduct propaganda causes public misunderstanding, attribute the action of false conduct propaganda of fetching misunderstanding.
On put together, the court sentences Ling Jiashi uncle the beer commodity that company, Jin Fulong company stops production, sale to contain tort to mark instantly, dai Mou stops to sell goods of experience case tort, make about sentencing to accuser Jia Shibai company compensates for 973 709 of its pecuniary loss yuan and lawsuit is reasonable defray 106 291 yuan, add up to 1.08 million yuan request gives sum supports.
Because company of dragon of golden inspire confidence in sb did not carry out unfair competition behavior, reason sentences company of Ling Jinfu dragon to reach lawsuit to 800 thousand yuan in afore-mentioned pecuniary loss reasonable expenses totals twice more than yuan 90 assume implicative liability to pay compensation. In the meantime, sentence Ling Jiashi uncle the company stops to be used in company name instantly " Jiashibai " the name is changed register its company name.
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