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What should I do if the company name is sued for trademark infringement? -You Zhanggui
Article 4 of the Supreme People's Court's Provisions on Several Issues Concerning the Trial of Civil Dispute Cases of Conflicts between Registered Trademarks and Enterprise Names stipulates that if the name of the accused enterprise infringes on the exclusive right to use a registered trademark or constitutes unfair competition, the people's court may, according to the plaintiff's claim and the specific circumstances of the case, determine that the defendant shall bear civil liabilities such as stopping the use and standardizing the use. At the same time, the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates that it is an act of causing other damages to the exclusive right to use a registered trademark of another person by using the same or similar words as the name of an enterprise on the same or similar goods, which may easily mislead the relevant public.

first of all, let's understand the difference between the two: trademarks are registered according to the trademark law; The font size is registered and obtained according to the company enterprise law, which is mainly used to distinguish civil subjects. The two are obtained according to different laws and departments. At present, the sharing and cross-retrieval of information resources between the Intellectual Property Office and the local industrial and commercial bureau have not been realized, so there have been incidents of infringement of departmental enterprise names, but with the sharing of national information, such cases will become less and less. Recently, the video website Youku sued Beijing Youku Advertising Co., Ltd. on the grounds of unfair competition. The name of the company owned by the plaintiff Youku is Youku Network Technology (Beijing) Co., Ltd., while the defendant Beijing Youku Advertising Co., Ltd. sounds similar to the plaintiff's name. People who don't know the truth may really think that this is the same company.

however, from online search, the defendant Beijing youku advertising co., ltd. was found, which is an advertising marketing service provider, mainly engaged in design, production, agency, advertising and other business services. The legal representative of the real Youku-Youku Network Technology (Beijing) Co., Ltd. is Liu Yanhong, with a brief introduction of Youku Tudou Group, which has various trademarks related to Youku characters and LOGO graphics, which is what we are familiar with Youku. In the end, the court ruled that Youku Advertising Company changed its corporate name within 3 days, stopped using the word "Youku" in its corporate name, apologized in the newspaper, and compensated the economic losses by 15, yuan. At present, Beijing youku advertising co., ltd has been renamed as Beijing yowza advertising co., ltd.