As for whether the advertising signboard of Kungfu is infringing, there has been a debate since the company's trademark was officially registered and used in 2004.
The real kung fu talent is similar to Bruce Lee's animated image. Does it match? Real kung fu? This combination of names really reminds people of Bruce Lee, a kung fu superstar.
In fact, in the early years, the judiciary did not reach a conclusion on this matter, and the real Kung Fu did not change its trademark, but it has been used ever since. At the same time, Kungfu has done a good job in protecting its own trademarks, and registered a large number of homogenized trademarks one after another to avoid being infringed by others in China. In other words, the company has a clear understanding of the relevant legal knowledge of trademark infringement.
The prosecutor in Li Xiangning entrusted Ye Fang as his attorney, and Ye Fang put forward his opinions, and when submitting the trademark remarks, he wrote: Real kung fu graphics? The content is composed of Bruce Lee's Kung Fu modeling patterns and? Real kung fu? 、? Steamed nutrition expert? Modeling mode composed of text combination.
It shows that there is intentional infringement of its trademark, and Cai Dabiao, the founder of Kung Fu, refused the reasonable suggestion of Bruce Lee's descendants to obtain authorization, which belongs to malicious infringement. Regarding the follow-up trial of this case, referring to the relevant laws, the image used by Kung Fu is a cartoon, which can be defended in turn. This picture is an original design.
Li Xiangning's Shanghai No.2 Intermediate People's Court is not responsible for handling trademark infringement cases. The plaintiff needs to hand over the case to the State Trademark Review and Adjudication Board and Beijing Intellectual Property Court. In the process of litigation, it is also very important. According to Article 45 of China's Trademark Law, if the trademark infringement is invalid due to infringement, it needs to be filed within 5 years from the date of infringement caused by trademark registration and use. But at present, all the trademarks registered by Kungfu have been more than five years. For these trademarks, Li Xiangning can get corresponding compensation at most, but can't ask Kungfu to stop using the current trademarks.