Counterfeit "Arowana" edible oil case

Brothers Cheng Xxiong and Cheng Xzhong produced counterfeit "Arowana" edible oil without authorization from July 2004 to September 2005. "Arowana" edible oil (sold with fake labels), the production and sales value reached more than 1.45 million yuan. On February 21, 2006, the Dongguan Municipal People's Court sentenced brothers Cheng Xxiong and Cheng Xzhong to three years and six months in prison and a fine of RMB 50,000, and one year and six months in prison and a fine of RMB 50,000 respectively. Judgment of $20,000.

The defendant in this case manufactured and sold counterfeit well-known products in huge quantities, which met the elements of a crime, and the court therefore held him criminally responsible.

The case of selling pirated audio and video products such as "The Promise"

On July 31, 2006, the Municipal Cultural Market Comprehensive Law Enforcement Brigade seized at an audio and video product store in Dongguan on-site, including "The Promise", 110 copies (boxes) of suspected pirated audio and video products such as "Ride Alone for Thousands of Miles" and "Seven Swords". After investigation, it was confirmed that the store owner, Yuan, knowingly sold infringing and pirated audio and video products, violated the legitimate rights and interests of the copyright owner. The cultural administrative department ordered him to stop his illegal activities, confiscated his illegal audio and video products, and revoked his "Audio and Video Products Business License". Infringement case of "National" and "Panasonic" trademarks

On June 30, 2006, the Municipal Administration for Industry and Commerce seized a plastic processing factory in Shipai, Dongguan City that was entrusted by others to process the "National" trademark that infringed the exclusive right to use the registered trademark. ", "PAN-SONIC", "PAN-SONIC", "SQN鄄NY" brand radios, etc. The Municipal Administration for Industry and Commerce believed that the party concerned had infringed upon the exclusive right to use a registered trademark and ordered it to immediately stop the infringement and imposed a fine of 50,000 yuan.

Cable connector patent infringement case

Dongguan Molex Connector Co., Ltd. proposed the "Cable Connector (2)" practical application to the State Intellectual Property Office in September 2001 We applied for a new patent and obtained the patent right in August 2002. In 2005, the company discovered that a terminal products factory in Chang'an, Dongguan and an electronics company in Dongguan were manufacturing and selling wire connector products without permission, infringing its patent rights.

The Guangdong Provincial Intellectual Property Office believes that the two products produced and sold by the respondent have entered the protection scope of the petitioner’s patent. Therefore, the actions of a terminal products factory in Chang’an, Dongguan and an electronics Co., Ltd. in Dongguan constituted infringement.

Infringement of the invention patent for "automatic ticket entry"

Wang obtained the invention patent authorization for the "automatic ticket entry method and system at the counter" in April 2004. In 2005, he discovered that without authorization, the systems and systems used in the sale of bulk goods in more than ten shopping malls, including the "Gongming Store of a certain department store" and the "Huangjiang store of a certain department store" operated by a company in Dongguan City, were compromised. own invention patent. Wang then requested the Guangdong Provincial Intellectual Property Office to investigate and deal with the infringement.

The Guangdong Provincial Intellectual Property Office convened both parties for multiple mediations and reached a settlement agreement in April this year. The respondent paid the patent license fee to the petitioner Wang and obtained authorization to implement the patent in the form of a general license.

Infringement case of "Zhongyu" well-known trademark

In 2005, Guangdong Zhongyu Telecommunications Chain Co., Ltd. sued a Shenzhen industrial company for trademark infringement. It is said that the "Zhongyu" brand mobile phone toys wholesaled by the company are printed or affixed with the "Zhongyu ZHONGYU" trademark in conspicuous places.

The court finally determined that the plaintiff’s trademark was a well-known trademark and therefore granted cross-class protection. A company in Shenzhen constituted infringement of the plaintiff’s trademark rights. The judgment in this case set a precedent for the judicial recognition of well-known trademarks by the Dongguan Municipal People's Court. In the future, if the trademark involved in the case has been recognized as a well-known trademark and the other party recognizes that the trademark can continue to be a well-known trademark, the court will no longer review it and directly protect it as a well-known trademark.

Infringement case of "Cathay" name and trademark

The plaintiff Guangdong Cathay International Travel Service Co., Ltd. is a well-known local enterprise. Its "Cathay GUOTAI" word trademark was rated as Guangdong in 2003 Provincial famous trademark.

The "Cathay Tower" developed by the defendant Dongguan Cathay Building Development Co., Ltd. and other units has a large banner billboard with "Cathay Center" written on it. The building also has a "Cathay Center Management Office" and a "Cathay Center Sales Office". The plaintiff believed that the name "Cathay Tower" and the plaintiff's registered trademark caused confusion and misunderstanding among the public, constituting infringement and unfair competition. At first instance, the court ordered the defendant to immediately stop using the words "Cathay" on the building's exterior walls and to compensate the plaintiff NT$500,000.

"Minghe" unfair competition case

The legal representatives of Dongguan Xianghe Company and Minghe Company are both Mr. Huang, and Mr. Huang is the registrant of the registered trademark "Minghe Electronic Plaza". Minghe Company registered and opened the Minghe Computer Wholesale Market in Tangxia, Dongguan City, which was jointly operated by Huang and the defendants Li and Lin ***. In March 2006, Li and Lin began to prepare for another computer market, "Minghe Senda Computer City Dalang Store".

Plaintiff Huang believes that the word "Minghe" used by the defendant's computer mall infringes upon the plaintiff's trademark rights, the corporate name rights of the two computer malls opened by the plaintiff and the plaintiff's business reputation, which constitutes unfairness. compete. After trial, the court held that the defendant did not constitute trademark infringement, but its behavior was unfair competition.

A case of infringement of the exclusive publishing rights of "Old Master"

The plaintiff Jilin Photography Publishing House claimed that it "enjoys the copyright of the comic books "Old Master" and "Old Master's Dream War in the Demon Realm" in mainland China. "Exclusive publishing rights", the defendant Dongguan bookseller Yu Mou and others sold pirated copies of "Old Master" and other books, which infringed the plaintiff's exclusive publishing rights, so Yu Mou and more than 40 people (or units) were sued to the Dongguan Municipal People's Court. The court held that the books "Old Master" and other books sold by the defendant Yu and others were not published by Jilin Photography Publishing House and were illegal publications. The defendant's sales behavior constitutes a "distribution behavior" within the meaning of copyright law (i.e., the act of providing originals or copies of works to the public). Therefore, the defendant's behavior infringes upon the plaintiff's exclusive right of publication. According to the law, the defendant should be responsible for cessation of infringement and compensation. Legal liability for losses.