In this case, please refer to the provisions of Article 3 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Unfair Competition". The behavior of advertisers is enough to cause the relevant public to misunderstand the source of the goods. It is recognized that it constitutes unfair competition and infringes upon the trademark rights and corporate name rights of relevant well-known enterprises. It should bear infringement liability, including stopping use, compensation for losses, apology, etc. Article 5 of the "Anti-Unfair Competition Law" Operators shall not use the following unfair means to engage in market transactions and harm competitors: (1) Counterfeiting other people's registered trademarks; (2) Using the unique name, packaging, and decoration of well-known products without authorization, Or use names, packaging, and decoration that are similar to well-known products, causing confusion with other people's well-known products, causing buyers to mistake them for the well-known products; (3) Using other people's business names or names without authorization, causing people to mistake them for others. goods; (4) Forging or falsely using quality marks such as certification marks and famous quality marks on goods, forging the place of origin, and making misleading and false representations of the quality of goods.
Legal Basis
Article 6 of the "Law of the People's Republic of China and the State Anti-Unfair Competition" Others have specific connections: (1) Use without permission the same or similar logos as other people’s product names, packaging, decorations, etc. that have certain influence; (2) Use without permission other people’s business names (including abbreviations, trade names, etc.), social media names, etc. that have certain influence. Organization name (including abbreviation, etc.), name (including pen name, stage name, translated name, etc.); (3) Unauthorized use of the main part of the domain name, website name, web page, etc. that has a certain influence on others; (4) Other things that can lead people to mistake them for others goods or products that are specifically related to others.