According to the information displayed by Tianyancha App, the relevant cases executed by Cool Dog Music Company are related to trademark infringement and unfair competition, and related to One City One Song Culture Communication (Beijing) Co., Ltd. (hereinafter referred to as "One City One Song Company").
According to the judgment documents disclosed by Beijing Judgment Document Network, Cool Dog Music Company used "one city, one song" and "one city, one song" as the theme in the song collection activities held by 5 1sing website and App, which belongs to the behavior of using logos similar to the trademarks involved in similar services without consent and permission, which constitutes confusion. According to the provisions of the Trademark Law, the exclusive right to use trademarks enjoyed by One City, One Song Company has been infringed.
After the judgment of first instance, Cool Dog Music Company compensated 1 10,000 yuan for the economic loss and reasonable expenditure of 1 10,000 yuan before March 27th, 20021. However, Cool Dog Music Company was recently executed with 6.5438+0.2 million yuan, or it was related to the late payment of this compensation by Cool Dog Music Company.
So what should we ordinary people do if we infringe the trademark right?
It depends on whether there is trademark infringement. After being sued by the other company for trademark infringement, if there is any infringement, the infringement should be stopped first. Whether we are aware of the infringement or not, if the other party sues after mastering some infringement facts, we need to stop the infringement. Because according to the provisions of China's Trademark Law, the infringer can be required to stop the infringement, apologize or compensate for the losses. Therefore, if the other party files a lawsuit, it can actively respond to the lawsuit and settle with the other party after stopping the infringement. If he has a legitimate source of products, he can actively provide evidence to reduce his liability for compensation.
Secondly, you need to confirm whether the other party uses the trademark. If it has not been used for three years, according to the fourth paragraph of Article 44 of the Trademark Law: if it has stopped using for three consecutive years, the Trademark Office may revoke the registered trademark; Anyone can also apply to the Trademark Office for cancellation of a registered trademark. After receiving the application, the Trademark Office will notify the trademark registrant to provide the use certificate within a time limit. If the certificate is not provided within the time limit or the certificate is invalid, the registered trademark shall be revoked.
If there is no infringement, evidence of the legitimate use of the trademark should be collected according to the situation. Finally, actively respond to the lawsuit, and launch defense, proof and debate around whether it is infringement.
If you receive a summons from the court, it means that you are sued to the court and become a defendant. At this time, we should actively respond to the lawsuit in accordance with the instructions of the court and the provisions of the law, and use the law to safeguard our legitimate rights and interests. For example, signing all kinds of litigation documents submitted by the court, including litigation notice, court summons, notice of proof, collecting and submitting all kinds of evidence, etc.