Is there any analysis of trademark infringement? Xiaobian shares the sorted trademark infringement incidents with everyone, welcome to read, for reference only! UCDOS v UC browser infringement
in p>212, UCDOS v UC browser infringement was lost. why did the court think that UC browser did not infringe the exclusive right of UC trademark enjoyed by UCDOS? What are the acts of infringing the exclusive right to use a registered trademark?
Brief introduction of the case:
Zhongke hopes that the company will be in the 42nd category in 1997? Computer programming and related services? Registered on the website? UC? Trademark, after that? UCDOS? Used in series software development kits and software sales contracts with others? UC? Trademark. You Shi company enjoys category 9? Recorded computer programs, computer programs (downloadable software)? And class 38? Television broadcasting, providing global computer network user access services (service providers), and providing database access services? Equal scope of enjoyment? UC? Exclusive right to use a trademark.
zhongke hopes that the company will think that it is provided by the company? UC browser? Such as website products and user mobile terminals? UC browser? Software upgrade services provided, software backup and recovery services, software consulting services provided by UC customer center, and value-added services including U-Point, UC skin and mobile phone reading? UC? Words, infringing on its exclusive right to use UC trademark.
Court decision:
The court held through trial that Zhongke hoped that the Company and Youshi Company would enjoy the exclusive right to use UC trademarks of their respective categories. Zhongke hopes that the excellent company proposed by the company will be right? UC? The use of words, or will? UC? With? Browser? The combination of Chinese and English is a descriptive use of one's own business or products, an act of use in a non-trademark sense, or just use? U? , and? UC? Irrelevant, or there is no evidence to show how to use it? UC? Logo Moreover, Zhongke hopes that the services provided by the company and the company are not only different in terms of service purposes, contents, methods and objects, but also the services provided by the relevant public will not be associated and confused. On this basis, the court rejected all the claims of Zhongke Hope Company.
Lawyer's analysis:
The legal basis for the court's decision that Zhongke hopes the company will lose the case is as follows:
1. Article 52 of the Trademark Law violates the exclusive right to use a registered trademark:
(1) Using a trademark that is the same as or similar to its registered trademark on the same commodity or similar commodity without the permission of the trademark registrant;
(2) selling goods that infringe upon the exclusive right to use a registered trademark;
(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(4) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;
(5) causing other damage to the exclusive right to use a registered trademark of others.
2. Article 3 of the Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China stipulates that? The use of trademarks includes the use of trademarks in commodities, commodity packages or containers and commodity trading documents, or the use of trademarks in advertising, exhibitions and other commercial activities? . Baidu online sued Baidu barbecue trademark infringement
familiar to Shenzhen people? Baidu barbecue? What is the relationship with Baidu Online, a well-known IT company? This question that has aroused many people's curiosity finally made Baidu Online unable to hold back. Baidu Online Network Technology (Beijing) Co., Ltd. (hereinafter referred to as? Baidu Online? ) claims: In recent years, Baidu Online Company found that many cities in China have opened a number of websites called? Baidu? Barbecue shop. After investigation, it is found that these barbecue shops belong to Shenzhen Yibaidu Catering Management Co., Ltd. (hereinafter referred to as? Billion Baidu? ), is its franchise store. And Baidu and its franchisees have used the inclusion? Baidu? The font size of characters is also used in the decoration of signboards, menus and business premises? Baidu barbecue? The text logo, and there is a prominent use? Baidu? The act of identifying words.
Baidu Online believes that the behavior of Shenzhen Yibaidu Company misled the public and infringed on its exclusive right to use registered trademarks. It took Shenzhen Yibaidu Company and its legal representative Sun Luming, Shenzhen famous Baidu Barbecue Store and its investor Song Yuxia to court, demanding that the four defendants immediately stop infringing trademark rights, make a statement in the media to eliminate the impact, and * * * compensated Baidu Online Company for its economic loss of 11,42,4 yuan, and spent 4, yuan to stop the infringement.
lawyers of Baidu Barbecue believe that the Baidu trademark registered by Shenzhen Yibaidu Company belongs to the 43rd category, which is not the same category as the 42nd category registered by Baidu Online Company, so it does not constitute trademark infringement. Moreover, Baidu Barbecue was promoted on Baidu Online for 5 yuan five or six years ago. At that time, Baidu Online Company knew the existence of Baidu Barbecue, but did not raise any objection to the trademark right in time. Now it has exceeded the statute of limitations.
Does it count as infringement if it does not belong to the same category?
According to the regulations, any of the following acts constitutes trademark infringement:
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant may cause confusion;
(2) selling goods that infringe the registered trademark right;
(3) forging, making without authorization a trademark logo identical or similar to the registered trademark logo of others, or selling a forged or made without authorization logo identical or similar to the registered trademark logo of others;
(4) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;
(5) misleading the public by using marks identical with or similar to other people's registered trademarks as commodity names or commodity decorations on the same or similar commodities;
(6) Deliberately providing convenient conditions such as storage, transportation, mailing, concealment, processing, production tools, production technology or business premises for infringement of trademark rights of others;
(7) using words identical with or similar to other people's registered trademarks on the same or similar goods as the name of the enterprise, or using them in other ways to highlight their identification function, which is likely to mislead the relevant public;
(8) Copying, imitating or translating a well-known trademark registered by another person or its main part for use as a trademark on different or dissimilar goods, misleading the public, and possibly damaging the interests of the registrant of the well-known trademark;
(9) registering words that are the same as or similar to other people's registered trademarks as domain names, and conducting e-commerce of related commodities or commodity transactions through this domain name, which is likely to mislead the relevant public.
(1) causing other damage to the exclusive right to use a registered trademark of others.
in other words, using the same or similar trademarks with others in different categories is generally not an infringement. However, if the other party's trademark belongs to a well-known trademark, even if the same or similar trademark is used in other categories, as long as it is easy to mislead the relevant public, it also belongs to trademark infringement.
the above is the trademark infringement event provided by xiaobian. I hope you can enjoy it!