If You Are the One, which was full of popularity in the variety circle, actually fell heavily in Shenzhen Intermediate People's Court. Jiangsu Satellite TV, a gold medal program, broke the monopoly of Hunan Mango TV on variety shows as soon as it came out, and firmly occupied the top two in the national variety show list for many years. Its super popularity also made the program the first case of China TV industry selected as a textbook of Harvard Business School. However, popularity and achievements can't stop the second-instance judgment of Shenzhen Intermediate People's Court from using the column name of "If You Are the One". The final judgment means that Grandpa Meng can't announce the beginning of this issue to the audience from the date of the judgment.

the story is certainly interesting.

hold? Not _ not _? Mr. Jin Ahuan's road to rights protection with the exclusive right to register a trademark

The plaintiff in the first instance of this case, who holds the designated items such as Class 45 dating service and marriage agency? Not _ not _? Mr. Jin Ahuan, who registered the exclusive right of trademark, introduced that he applied for registration with reference to the traditional Chinese characters of movie posters in 29, when the movie "If You Are the One" was popular. Not _ not _? Trademark. After obtaining the trademark registration certificate in 21, Mr. Jin founded the website if you are the one, which is known as the first marriage and love chain entity in China. When you quickly start your own business plan and prepare to become a bigger and stronger brand, troubles follow? What is the reason? The ratings of TV programs "If You Are the One" continue to rise? .

Mr. Jin, from Yongjia, Wenzhou, didn't mention the 5 million yuan title fee that Kans brand spent on If You Are the One in one year. On the contrary, he thought? If you are the one? It has seriously restricted the operation of the brand and the forward development of attracting investment. Does Mr. Kim think angrily? People who don't know the real situation still think that their company is using the reputation of If You Are the One for commercial activities. In order to safeguard their legitimate rights and interests, he took up legal weapons? .

whether Mr. Jin is using the name of "If You Are the One" or not, Mr. Jin's road to safeguarding rights is not smooth. After filing a lawsuit in Xuanwu District Court of Nanjing in 212 and triggering a media follow-up, Mr. Jin quietly withdrew the lawsuit and turned to Nanshan District Court of Shenzhen to file a lawsuit. The Nanshan court still failed to support the plaintiff. After losing the first trial, Mr. Jin appealed to the Shenzhen Intermediate People's Court, but finally won the miracle of the second trial.

does Jiangsu TV station constitute infringement of trademark rights?

In the final judgment just made, Shenzhen Intermediate People's Court held that when judging whether the appellee in this case constituted infringement of trademark rights, we should not only consider the form of TV broadcast of You Are the One, but also consider the content and purpose of the TV program, and objectively judge whether the service categories of the two are the same or similar. Judging from the purpose, content, way and object of service, the TV program "If You Are the One" is all about providing marriage, blind date and making friends, which is different from Appellant No.7199523? If you are the one? The service items approved on the trademark registration certificate? Making friends and introducing marriage? The same, and the popularity of the appellee Jiangsu TV station and the publicity of the program make the relevant public mistakenly think that the use of the registered trademark of the obligee has a wrong understanding and connection with the appellee, resulting in reverse confusion. Shenzhen Intermediate People's Court revoked the first-instance civil judgment of Nanshan District Court in this (215) Shenzhen-China-France Zhiminzhongzi No.927 judgment, and decided that Jiangsu Radio and Television General Station immediately stopped including the use? If you are the one? Conduct advertising promotion, registration screening, follow-up services and other acts that infringe on Jin Ahuan's registered trademark.

The second-instance judgment of Shenzhen Intermediate People's Court uses a series of legal terms to express a seemingly strict formal logic. In the simplest terms, there are two key words in the judgment of second instance, confusion and reverse confusion. According to the judicial interpretation and general theory of the Supreme Court, confusion is the premise of trademark infringement, in other words, there is no trademark infringement if consumers do not confuse. Reverse confusion is not as mysterious as it sounds. In fact, it refers to the use of the same or similar trademark without the permission of the trademark owner registered earlier. Because of the success of the brand or market that uses the trademark later, consumers mistakenly think that the trademark belongs to the infringer rather than the trademark registrant. The only difference between reverse confusion and confusion is whether consumers mistake the trademark used by the defendant for the plaintiff's trademark or mistake the plaintiff's registered trademark for the defendant.

a trademark must be registered in the specified category of goods or services. The designated categories of goods and services can be divided into 45 categories. Under normal circumstances, identical or similar trademarks in different categories can coexist and be registered independently. Confusion and reverse confusion have the same premise, that is, the trademarks of plaintiff and defendant belong to the same or similar categories. Jiangsu Satellite TV claims that "If You Are the One" program belongs to the registered trademark of the 41st category of entertainment and program production authorized by Huayi Brothers.

The second instance judgment of Shenzhen Intermediate People's Court held that judging from the purpose, content, mode and object of service, If You Are the One fell into the category 45 registered trademark designated by the plaintiff in the first instance? Making friends and introducing marriage? And then overthrew the Nanshan District Court? Although the TV program "If You Are the One" is related to dating, it is still a TV program. The relevant public generally thinks that there is no specific connection between the two programs, which is not easy to confuse the public. They belong to different kinds of goods (services)? The first-instance judgment.

However, according to the thinking of Shenzhen Intermediate People's Court, the final judgment is wrong.

Since Shenzhen Intermediate People's Court thinks that the content and purpose of the TV program should be considered in determining the trademark category, it should not be considered that the program If You Are the One belongs to the matchmaking service, but should clearly admit that the purpose of If You Are the One is not matchmaking, but to make the program through matchmaking. No matter how enthusiastic the blind date scene of If You Are the One is, the guests are not users of the program. The users of "Do Not Disturb" are the audience, and the guests are just random performers or props who participate in the program. No matter the host or the guest, they are actually performing the same program in * * *. In this sense, they are no different from magicians and assistants.

Mixing the specific content of the program with the service category of the program will produce more strange phenomena, such as the following:

Does Jianbao belong to the 35th auction or sell for others?

National Geographic and the travel arrangements that belong to the 39th category?

does Running Man belong to the 41st category to organize educational or entertainment competitions?

Does Hundred Lectures belong to the 41st category of education?

does China on the tip of the tongue belong to the 43rd category?

Does Yangshengtang belong to the 44th category of medical clinic services?

does legal report belong to the 45th category of legal services?

military today? What kind does it belong to?

whether the trademark "If You Are the One" belongs to 45 kinds of matchmaking services, 41 kinds of program production services or even 38 kinds of TV broadcasting services depends on the relevant consumers/users. Only by judging from the habits and cognition of relevant consumers can we draw a correct conclusion about the category of business evaluation.

Article 12 of the Interpretation of the Supreme Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes clearly states that whether goods or services are similar should be comprehensively judged based on the general knowledge of the relevant public about goods or services? . Consumers are the end users of trademarks, and Article 1 of China Trademark Law also puts the interests of consumers before those of producers and operators. If the judge's personal will overrides the consumer's cognition, the judgment will inevitably be the opposite. Taking the second-instance judgment of If You Are the One trademark as an example, how can Shenzhen Intermediate People's Court convince those uncles and aunts who have been married for decades that their whole family is not watching the program but attending the marriage introduction when watching If You Are the One on TV every issue?

mixing entertainment programs with matchmaking services is like a strange mashup of coffee and beer. The result of this mashup is a disaster for an excellent program that has been tested by the audience and a tragedy for the application of the trademark law. We may think that we are strengthening the protection of intellectual property rights, but we ignore the connivance of cybersquatting and unprincipled expansion of rights to unwarranted boundaries.

the sun rises as usual, even if you register the sun as a trademark.