Everyone has their own opinion on whether the logo of Real Kung Fu uses the image of Bruce Lee. I know that destroying Bruce Lee's image for 200 million is worthwhile, but it does not necessarily destroy the image. I do not agree with this behavior of stealing other people's images.
As for whether Zhen Kung Fu’s advertising logo is infringing, there has been controversy since the company’s trademark was officially registered and used in 2004.
The animated image of "Real Kung Fu" resembles that of Bruce Lee. When used in combination with the name "Real Kung Fu", it will indeed remind people of Kung Fu superstar Bruce Lee.
In fact, due to the fact that the judicial system has never reached a final conclusion on this matter in the early years, Zhen Kung Fu did not change the trademark and continues to use it to this day. At the same time, Zhen Kung Fu has also done a very good job in protecting its own trademarks. It has successively registered a large number of homogeneous trademarks to avoid being infringed by others in China. In other words, the company has very clear legal knowledge about trademark infringement. understanding.
Li Xiangning’s prosecution entrusted Ye Fang as her attorney. Ye Fang expressed her opinion that when submitting the trademark remark information, Real Kung Fu wrote: ?Real Kung Fu graphics? The content is styled by Bruce Lee Kung Fu. The pattern is composed of a combination of the pattern and the words "True Kung Fu" and "Steamed Nutrition Expert".
It shows that there is intentional infringement of its trademark, and that the founder of True Kung Fu, Cai Dabiao, rejected reasonable suggestions about obtaining authorization from Bruce Lee's descendants, which is a malicious infringement. Regarding the subsequent trial of this case, referring to relevant laws, the image used by Zhen Kung Fu is a cartoon image, which can be defended in turn. This image is an original design.
The Shanghai No. 2 Intermediate People’s Court, where Li Xiangning filed the lawsuit, is not responsible for handling trademark infringement cases. The plaintiff needs to transfer the case to the National Trademark Review and Adjudication Board and Beijing Intellectual Property Court in Beijing for processing. During the litigation process, another important thing is that according to Article 45 of my country’s Trademark Law: If a lawsuit is filed for invalidation of a trademark due to infringement, it must be filed within 5 years of the infringement caused by the registered use of the trademark. However, all relevant trademarks currently registered by Zhen Kung Fu have been more than five years old. For these trademarks, Li Xiangning can at most receive corresponding compensation, but cannot require Zhen Kung Fu to stop using the current trademarks.