Seeing this news, many netizens directly asked: Is this definitely not touching porcelain? The movie is on fire, and all kinds of accusations of infringement and plagiarism are coming one after another! Besides, isn't Changjin Lake a place name? Isn't it a fight? How can we talk about trademark rights?
Trademark protection should be done early. In fact, it is not uncommon for phenomenal movies to be plagiarized and infringed after being released. Previously, the copyright dispute case involved in the film "The Richest Man in Xihong City" was pronounced in the second instance, and the Beijing Intellectual Property Court finally ruled that it did not constitute infringement.
Trademarks, like domain names, are unique and exclusive. You can't apply for registration if someone else applies for registration first. Therefore, we must first protect the brand and register the trademark, and don't wait until we "touch porcelain" to regret it!
The battle of Changjin Lake was not invaded. The post of a senior lawyer in the circle of friends is one of the representative views, which is widely quoted: "Enthusiasm should have a bottom line. It is very unacceptable to take the trademark of Changjin Lake to rub against the Changjin Lake War. Trademark rights also have a scope of application. The endless exaggeration and distorted interpretation of trademarks will bring unnecessary trouble and misleading to the public, which is worrying. "
The "others" mentioned by "Director Hao Ping" is Beijing Diandian Water Culture Media Co., Ltd. It is understood that it applied for trademark registration of Changjinhu Lake on October 29th, 2020, and obtained the trademark registration certificate on July 29th, 2002. The international classification covers education and entertainment 4 1 category, including film production, film projection and film distribution except commercial advertisements.
According to Article 57 of the Trademark Law, using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant is an act of infringing the exclusive right to use a registered trademark.
But this does not mean that the film The Battle of Changjin Lake is suspected of trademark infringement. Legally speaking, Changjin Lake can now be recognized as a well-known foreign place name. Without other meaning, it cannot be used as a trademark according to the second paragraph of Article 10 of the Trademark Law. At the same time, using "Changjin Lake" as the name of the film is a description of the place where the story told by the film takes place, which does not actually play the role of distinguishing the source of goods and does not constitute the use in the sense of trademark law. Therefore, it does not constitute an infringement of the exclusive right to use a previously registered trademark.
A movie is neither a commodity nor a service, but a trademark is a symbol to distinguish the source of goods or services, which means that the use of the word "Changjin Lake" in the movie The Battle of Changjin Lake does not belong to the use in the sense of trademark law. What's more, the trademarks of "Changjin Lake" registered by Beijing Diandianshui Culture Media Co., Ltd. are 4 1 and 4 1, which are related to movies, not the movies themselves.
In terms of alleged copyright infringement, Hao Ping's registered work is called "The Outline of the Snow Story of Changjin Lake", and there is no evidence similar to the content of the film. Moreover, from the time of application, the suspicion of infringement of copyright and registered trademark rights is ruled out.