1, event background.
Plaintiff Entertainment Company I is the producer and publisher of the animated film Peggy Piggy. In addition to the authorized broadcast of the film, the area around Piggy Page was also authorized to 17 domestic companies, including electronic products, toys, clothing, mother and baby, food and so on. After the entertainment company found that the defendant Chen sold on the e-commerce platform he operated without permission? Creative cartoon pig Peggy led desk lamp? Used in product packaging? Piggy Peggy? Word and logo, so it will be sued to the court. In the lawsuit, the defendant argued? Piggy Peggy? Although the animated image has a certain popularity, as a trademark, it does not meet the standards of well-known trademarks. Because China's laws stipulate that well-known trademarks have cross-category prohibition rights, that is, products that are not in the same category as well-known trademarks cannot use well-known trademarks, and well-known trademarks are also prohibited from being registered as enterprise names. The led lamp of the infringing product involved in the case and the trademark registration scope of Piggy Page are not the same or similar goods, so the court applied for the recognition of well-known trademarks. Finally,? Piggy Peggy? The trademark was recognized as a well-known trademark, and the court ordered the defendant Chen to compensate the plaintiff Entertainment Company for its economic losses and reasonable expenses of RMB30,000.
2. The reasons for the serious registered trademarks in China.
Because our country does not pay enough attention to intellectual property rights, many enterprises do not pay enough attention to the protection of intellectual property rights such as their own trademarks, so they give some people an opportunity. In addition, China's trademark system adopts the registration system, which does not require that the trademark applied for registration has been actually used or has a real intention to use. The trademark only needs to be used for advertising, which constitutes use. This opens the door for cybersquatters. In addition, it is difficult to protect the rights after the trademark is registered, and the punishment for malicious registration is not enough, so some people will register for huge benefits.