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JD.com was sued in court over the trademark “More Fast, Better Save”. Is it trademark infringement or fair use?

JD.com (JD.com) is the largest self-operated e-commerce company in China. JD.com Group has JD.com, JD.com Finance, Paipai.com, JD.com Smart, O2O and overseas business divisions, etc., especially It is JD.com’s mall and has an excellent reputation among consumers. Today I want to talk to you about JD.com’s mall. It is accompanied by the four-character logo of “more, faster, better and more economical”, which means large quantity, fast speed, good quality and low cost. province, but recently a company with the slogan "More Fast, Better Savings" was sued in court over its four-character logo. Let's take a look at the detailed report with the editor of Bajie Intellectual Property Network.

As required, the company is the holder of the registered trademark "More Fast, Better Savings" and has the right to use the above-mentioned registered trademark and has legitimate rights and interests. It is believed that JD.com and its associated Jingdong Company have not registered The use of the trademark "More Fast, Better and Save" without the authorization of the trademark holder infringes the exclusive right of the trademark.

The court held that the four words "more, faster, better and more economical" are words with a fixed meaning and are used descriptively. The public can use the word in this meaning, and JD.com's use is to express its quality. and speed. These four words do not play a role in identifying the source of the service. Likewise, objectively it will not cause consumers to misunderstand and confuse the source of the service. Therefore, it does not constitute an infringement on Duokuaihaosheng Company’s exclusive trademark rights. In summary, the court rejected all Duokuaihaosheng Company’s claims.

Trademark holders in my country have legitimate rights and interests in their registered trademarks and enjoy exclusivity and exclusive rights to the trademark. For example, in this case, the Duokuaihaosheng trademark is reasonably combined with JD.com's own logo "JD.COM JD.com". Such behavior is a fair use and will not cause confusion among the public about the goods or services. It constitutes a fair use. Therefore, it does not constitute trademark infringement. The above is today’s story about JD.com being sued in court over the trademark “More, Faster, Better and Saver”. Is it trademark infringement or fair use? All content, if you want to know more trademark news and information, you can visit our Bajie Intellectual Property Trademark Transfer Network.