Hungry? Hungry? Are you stupid in front of the screen? The latest one is called. Hungry? Restrictions? Hungry? The news of high consumption has caused a great uproar. It turns out that the similarity of enterprise name and trademark will constitute infringement! Let's review the cause and effect of the case together.
case analysis
In this case, Beijing Imperial Chef Staple Food Kitchen Co., Ltd. used it? Hungry? Company name of Catering Management (Beijing) Co., Ltd. By comparison, we can see that? Hungry? With what? Hungry? Not only do they have almost the same pronunciation, but they also have exactly the same meaning, which is enough to lead the public to misunderstand? Hungry? There is a concrete connection between companies, which leads to confusion. ? Hungry? The company's use of the enterprise name, on the one hand, shows obvious unfair competition malice subjectively, on the other hand, it is easy to violate the social market order objectively, resulting in social market chaos, and its behavior violates the fourth provision of Article 6 of China's Anti-Unfair Competition Law, which constitutes rights? Hungry? The company's unfair competition infringement.
Enlighten by reference
In today's society, unfair competition among enterprises is everywhere. On a small scale, it will hit the enthusiasm of enterprise competitors and infringe on the legitimate rights and interests of mass consumers. In a big way, it will seriously undermine the socialist market order, hinder the development of social productive forces, trigger a crisis of social trust and undermine social fashion. When dealing with unfair competition from other competitors, enterprises should do the following:
1. Enhance your own strength. Enterprises should first proceed from their own strength, constantly improve technological innovation and comprehensive strength, and forge high-quality brands. At the same time, we should establish the awareness of legal protection as soon as possible, register trademarks and apply for patent protection in time, so as to calmly deal with illegal infringement in the future.
2. Civil litigation channels. In the face of unfair competition, enterprises can file a civil lawsuit with the court, requesting the court to decide that they should immediately stop unfair competition and compensate or compensate the losses caused by it.
3. Administrative reporting channels. Enterprises can also report to the administrative organs with management authority and request the administrative organs to impose administrative penalties such as fines, orders to suspend production or business, temporary suspension or revocation of licenses, and administrative detention.
4. Criminal proceedings. Finally, if the other party's behavior objectively has serious social harm and subjectively conforms to criminal illegality, it constitutes a crime. Enterprises should promptly file criminal proceedings with judicial organs and investigate their criminal responsibilities.
Around this case, enterprises should apply the principle of maintaining fair competition and protecting the interests of prior legitimate rights holders when dealing with the phenomenon of malicious confusion of related enterprise names or trademarks, actively take up legal weapons and invoke the relevant provisions of the Anti-Unfair Competition Law to safeguard their legitimate rights and interests.