In daily life, we often see property sales companies using various advertisements to promote their properties to attract customers. So, is it an infringement for them to use someone else’s famous trademark in their advertising? Give an example:

The plaintiff is the registrant of the "LV" registered trademark. The defendant was a real estate company. The company used the "LV" registered trademark in its large-scale outdoor advertising without permission, and the handbag marked with the "LV" trademark was in the most prominent position on the advertising screen.

The plaintiff believed that the defendant used the popularity of the "LV" trademark and products to attract the attention of relevant audiences and thereby enhance the popularity of its real estate projects. This not only infringed the plaintiff's trademark rights, but also constituted unfair competition. After trial, the court held that the defendant violated the principles of equality, fairness, good faith and generally accepted business ethics, and the use of "LV" handbags in advertisements constituted unfair competition. However, the court also held that the defendant’s actions did not constitute trademark infringement. First of all, the "LV" pattern in the advertisement has no trademark identification effect on the defendant's real estate.

Judging from the use of "LV", although the "LV" trademark pattern appears in the advertisement, the pattern is part of the "LV" handbag pattern, and the handbag is only used as a prop in the hands of the model. appears in the advertisement. In addition, the "LV" trademark pattern neither appears alone in other parts of the advertisement, nor is it used in conjunction with the property name, slogan, etc. appearing in the advertisement. Therefore, the trademark pattern is not the trademark of the advertised goods. , name or decoration has no trademark identification effect on the advertised goods. Secondly, the "LV" trademark pattern in the advertisement will not mislead consumers about the advertised products.

Judging from the advertising effect, models and handbags occupy nearly one-third of the advertising screen, and the other two-thirds of the advertising screen are almost full of advertising slogans, with white Chinese characters on a blue-purple background. Clearly and intuitively indicate that the product corresponding to the advertisement is a real estate, the real estate also has its own name, and the entities related to the real estate are "Company A" and "Company B". Consumers will not think that the property was developed by the plaintiff or that the property has an interest relationship with the plaintiff, that is, the advertisement will not mislead consumers as to the source of the property. Summary:

Therefore, the appearance of other famous trademarks in property sales advertisements does not necessarily constitute trademark infringement. The key lies in the nature and purpose of the merchant's use of the trademark, and whether it misleads the relevant public.