It is a boutique brand for men with a long history from Britain. Its founder, AlfredDunhill, started out by helping to make harness and car windows. After that, relying on personal keen intuition, according to the different needs of the market, we successively produced other diversified products, such as leather products, tobacco, perfume, and various men's fine products (lighters, pipes, watches). Its exquisite, elegant and practical design is not only loved by male customers in the market, but also becomes the best choice for female customers to choose gifts for their families or partners.
doctortoh is a supplement to Jinxi Road in China, and this case has been dealt with
Main points of litigation
The trademark of Doctor Toh is exactly the same as the trademark of dunhill, a century-old brand
The first defendant took Jinxi Road as the enterprise name, and was suspected of hitchhiking on Dunhill Road
The second defendant authorized Jinxilu Company to use the words of producer of Dunhill Hong Kong Investment Co., Ltd. in Italy on its products. It's also a lift to catch dunhill's trademark reputation.
Literally, the English trademark doctortoh seems to be a far cry from the century-old brand Dunhill, but under the disguise of the producer of Dunhill Hong Kong Investment Co., Ltd., Italy, doctortoh is a little neck and neck with Dunhill, and it is difficult for unsuspecting consumers to see it at a glance. The real owner of dunhill Dunhill's trademark, a British company, won the trademark lawsuit in Guangzhou and was awarded 12, yuan
dunhill Dunhill is an internationally renowned trademark owned by AlfredDunhillLimited, the plaintiff in this case. And in 2, it was listed in the national key trademark protection list by the State Administration for Industry and Commerce of China. dunhill's trademark is written in Roman letters, and the font is slender. The upper part of four letters dhil is deliberately elongated, and the design style is unique and remarkable.
doctortoh is the trademark marked on its products by Guangzhou Jinxilu Leather Co., Ltd., the first defendant in this case. And has been registered in China
The second defendant in this case, Dunhill Hong Kong Investment Co., Ltd. of Italy, is a company registered in Hong Kong in 21. It is worth noting that its English name is I-Talydengxiluhongongonginvestment Co., Ltd., in which Dengxilu is the pinyin of Dunhill. The company has nothing to do with dunhill Dunhill's Dunhill trademark.
The plaintiff, Dunhill Company, claimed that on March 2, 25, its agent bought a leather bag in the leather goods store opened by Jinxi Road Company, and found that the trademark sign and the outer packaging highlighted the words doctortoh trademark and producer of Italian Dunhill Hong Kong Investment Co., Ltd., The doctortoh trademark is exactly the same as dunhill trademark, which is a century-old brand. It is a copy and imitation of Dunhill Company's view that the first defendant took Jinxi Road as the enterprise name and had the intention to develop the enterprise with the help of the goodwill of Dunhill trademark, while the second defendant authorized Jinxi Road Company to use the words supervised by Dunhill Hong Kong Investment Co., Ltd. on its products when he should have known that it would mislead consumers. It was also for the sake of hitchhiking on Dunhill Road, which was enough to cause public misunderstanding, thus constituting an infringement of Dunhill Road's trademark and unfair competition. Therefore, I filed a lawsuit with the court.
The court ruled that
Different sounds and meanings are similar
Misleading the public has infringed
The Guangzhou Intermediate People's Court recently made a first-instance judgment on this case, holding that: Yijinxi Road and Dunhill Road are not similar, which will not lead to public misunderstanding. Therefore, the plaintiff who stopped using Jinxi Road as the company name asked the court not to support the comparison between doctortoh and dunhill trademarks. Although the two trademarks are different in sound and meaning, they are similar in shape. Considering that Chinese consumers pay more attention to the shape when distinguishing foreign trademarks, they don't care much about their sound and meaning. Therefore, it can be concluded that the two trademarks are similar in sound, shape and meaning. Therefore, it should be regarded as the same, which led to misleading to the public.
The court further found that the two defendants violated the principle of good faith and constituted * * * the same infringement. Therefore, it ordered the two defendant companies to stop using the doctortoh trademark on related commodities, destroy leather goods with this trademark, stop using the enterprise name with Dunhill font on related commodities, and destroy the trademark signs of commodity packaging bags containing this way of use, and bear joint and several liability for compensation, with the compensation amount of 1238.