Enterprise survey shows that recently, the civil second-instance judgment of the case of unfair competition disputes of Tencent Technology (Shenzhen) Co., Ltd., Shenzhen Tencent Computer System Co., Ltd., Xiamen Lianyi Technology Co., Ltd. and Guangzhou Dengtang Communication Technology Co., Ltd. was made public.
The court held that:
The verdict is: Contact Easy Company compensates Tencent for its economic losses and reasonable expenses * * *100000 yuan, and software operator Dengtang Company compensates 3 10/00000 yuan.
In the first instance, Tencent appealed that the amount of compensation was low.
Tencent believes that contacting Yi Company and Dengtang Company is obviously subjective and intentional. Contact Easy System is the main business of Contact Easy Company. The company has a large number of employees, high sales price, and a large number of sales and a wide range. It has caused huge losses to Tencent and Tencent Computer Company.
Some users registered WeChat accounts and contacted WeChat management system to control and send and receive all kinds of information, which reduced the use of official WeChat software of Tencent and Tencent Computer Company, increased the operating pressure of Tencent and Tencent Computer Company, and was used by Ctrip, China Unicom, New Oriental and other big companies.
It is reported that the "Contact Easy-WeChat Management System" provided by Contact Easy Company needs to charge an authorization fee:
980 yuan personal edition contains three licenses every year, and each license is increased by 300 yuan. The enterprise edition is 4980 yuan per year, including 10 licenses, and each license is increased by 450 yuan, and the enhanced edition is 5980 yuan per year.
Previously, the court of first instance ruled that Contact Easy Company compensated Tencent for its economic losses and reasonable expenses of RMB 3.5 million, of which Dengtang Company was jointly and severally liable for RMB 2 million. Tencent believes that the compensation amount of 3.5 million yuan is obviously low, far below the profits of the two companies, and it is not enough to make up for the losses of Tencent and Tencent Computer Company, so it appealed in the second instance.
The court of second instance recognized Tencent's above demands, and finally decided to contact Yi Company to compensate Tencent for its economic losses and reasonable expenses of RMB * * *100000, of which software operator Dengtang Company was jointly and severally liable for RMB 3 million.
For this matter, some netizens said: "If you use someone else's trademark, you will definitely be sued."
Recently, Xiaomi applied to register a number of "Lei Jun Super Cup" trademarks, which are internationally classified as education, entertainment and convenience food. , the trademark status is "trademark application".
In addition, Xiaomi Company also applied for the registration of trademarks such as "Xiaomi XL Cup" and "XL Cup".
By analyzing the registered trademarks of some big manufacturers, we can find that after registering a trademark, they will also register words or graphics similar to the same trademark as trademarks.
For example, Xiaomi's mobile phone has registered black rice, Redmi, yellow rice and so on. These are defensive trademarks to prevent others from registering to rub brand awareness.
As the most direct image embodiment of a company, trademark can be said to condense the achievements of the whole company.
Once a trademark is successfully registered by others and loses its trademark right, it is undoubtedly giving up its competitive advantage, which is a huge loss to the brand and the economy.
Lujiao Lane is almost a typical case.
Lujiao Lane, which got its trademark at the end of 20 19, not only spent 30 million yuan on counterfeiting, but also missed the golden age of its own development. The head brand, which was once tied with Xicha and Naixue, has now fallen behind.
I believe that at this point, the importance of registered trademarks need not be said. For brands, the best defense is prevention.
Compared with the money and energy spent on rights protection in the future, it only takes nine Niu Yi points to actively register a trademark.