It was reported on July 27 that the China Execution Information Disclosure Network showed that Guangzhou Kugou Music Computer Technology Co., Ltd. (hereinafter referred to as "Kugou Music Company") recently increased the information of the person subject to execution, and the execution target was 120,000 Yuan, the enforcement court is the People's Court of Haidian District, Beijing.

Tianyancha App shows that the related cases executed by Kugou Music Company this time involve infringement of trademark rights, unfair competition, and One City One Song Cultural Communication (Beijing) Co., Ltd. (Part 2) (called "One City, One Song Company") related.

According to the information disclosed by the Beijing Judgment Documents Network, Kugou Music Company used "one song for one city" and "one song for one city" as the song collection activities held on the 51sing website and App. The use of the event theme is the use of a logo similar to the trademark involved in similar services without consent, and constitutes confusion. According to the provisions of the Trademark Law, it infringes the exclusive right to trademark enjoyed by Yicheng Yige Company.

Kugou Music Company was ordered by the first instance to compensate Yicheng Yige Company for economic losses of 100,000 yuan and reasonable expenses of 10,000 yuan before March 27, 2021. Kugou Music Company was recently executed for 120,000 yuan, which may be related to Kugou Music Company’s failure to pay the compensation in time, resulting in late payment fees.

So what should we ordinary people do if we infringe on trademark rights?

This depends on whether there is trademark infringement. After being sued by the other company for trademark infringement, if there is any infringement, you should first stop the infringement. Regardless of whether we are aware of infringement or not, if the other party sues after getting hold of certain infringement facts, they need to stop the infringement. Because according to the provisions of China's Trademark Law, for infringement, the infringer can be required to stop the infringement, apologize or compensate for losses. Therefore, if the other party sues, he can actively respond to the lawsuit and settle with the other party after stopping the infringement. If he has a legitimate product source, he can actively provide evidence to reduce his liability.

Secondly, you need to confirm whether the other party is using the trademark. If it has not been used within three years, according to the "Trademark Law": Article 44 (4): If the use has been stopped for three consecutive years, the Trademark Office can cancel the registered trademark; anyone can also apply to the Trademark Office to cancel the registered trademark. After receiving the application, the Trademark Office will notify the trademark registrant to provide proof of use within a time limit. If the certificate is not provided within the time limit or the certificate provided is invalid, the registered trademark will be revoked.

If there is no infringement, evidence of legal use of the trademark should be collected based on the circumstances of the case. Finally, actively respond to the lawsuit and launch defense, evidence and debate around whether there is infringement.

If you receive a summons from the court, it means that you have been sued to the court and become a defendant. At this time, one should actively respond to the lawsuit in accordance with the court's instructions and legal regulations, and use the law to protect their legitimate rights and interests. For example, sign various litigation documents submitted by the court, including litigation notices, court summonses, notices of evidence, collection and submission of various evidences, etc.