65438 1 0.6, Beijing Chaoyang District People's Court ruled that "Hungry" changed its business name and compensated "Hungry" for the unfair competition dispute between the plaintiff Ladas Network Technology (Shanghai) Co., Ltd. (hereinafter referred to as "Hungry") and the defendant1?

After hearing the case, the court held that in this case, the trademark series involved was registered first, and the font size of the defendant "Hungry" was very similar to the plaintiff's registered trademark in shape, pronunciation and meaning, so it should be considered as an approximate logo. The defendant took "Hungry", which is very similar to the plaintiff's registered trademark, as the name of the registered enterprise, with obvious subjective malice, which objectively easily caused market confusion and constituted unfair competition.

Finally, the court decided, "Are you hungry?" The name of the enterprise shall be changed immediately from the effective date of this judgment, and the changed enterprise name shall not contain the same or similar words as "Hungry", and the compensation for hungry shall be 6,543.8+0,000 yuan.

Extended data

Large factories frequently "touch porcelain"

In recent years, it is very common for well-known companies to encounter hitchhiking and brand-name trademark rights protection incidents. Previously, today's headlines sued the catering brand today's fried dough sticks, and there was also a farce in which Haidilao sued the old restaurant in Hedi. Haidilao registered 263 trademarks in one breath after losing the case.

In August 2020, Haidilao sued a restaurant called Haidilao. The reason for Haidilao is that Haidilao and Haidilao are very similar, and the defendant is required to stop the infringement and compensate the economic loss of 200,000 yuan.

However, Hedi Lao thinks that whether the characters of Hedi Lao and Haidi Lao are similar or not depends on the pronunciation, image and meaning, while the pronunciation of Hehai is different and the fonts are different. Therefore, their trademarks are not approximate trademarks.

In the end, the Tianxin District People's Court in Changsha, Hunan Province directly rejected Haidilao's claim. After the verdict was pronounced in first instance, neither the defendant nor the defendant appealed.

Phoenix. com sued "Hungry" for being hungry, and got 1 0,000 yuan.