Zhuhai Shanlana's reasons for prosecution; Shenzhen Meishan products are marked with; The words "developed by Taiwan Province Shanlana International Co., Ltd.", "authorized by Taiwan Province Shanlana International Co., Ltd." and "new generation products of Taiwan Province Shanlana International Co., Ltd." and so on. It is trademark infringement and unfair competition.
Shenzhen Meishan counterclaims; 1. Intellectual property rights include; Trademarks, trade names and patents. 2. It is legally authorized by Taiwan Province Shanlana International Co., Ltd.. 3. The trademark was transferred by Taiwan Province Company, but the enterprise name was not transferred. 4. The name of Zhuhai Shanlana was not the same in those days, because Taiwan Province Shanlana was the major shareholder, and the business needs changed to the present name. Taiwan Province Company was established earlier than Zhuhai. 5. Outstanding products; Taiwan Province Lana, not alone; Shanlana, three words 6. Shenzhen Meishan and Taiwan Province Shanlana jointly established a technology research and development company.
Shanlana Zhuhai sued Shenzhen Meishan and Shenzhen Yinma (Shenzhen Meishan partner) together.
1. On June 3, 25 (24), Shenzhen Yinma Company was awarded the award of No.718. 1. The defendant immediately stopped the unfair competition by using the word "Shanlana" on the packaging of commodities; 2. The defendant immediately recovered all the goods with the words' Shanlana' printed on them from the inventory, packaged them and destroyed them; Defendant Yinma refused to appeal to Guangdong High Court.
2. On December 12, 25 (25), Shenzhen Mei Shanshan Company was awarded a compensation of 3, yuan (the plaintiff demanded compensation of 92, yuan) by Shen Zhong Fa Min San Chu Zi No.393, which allowed Shenzhen Mei Shanshan Company to regulate its use; The words "Taiwan Province Shanlana" should not be highlighted. Mei Shanshan company gave up the appeal.
3. On March 15, 26 (25), Guangdong Provincial Higher People's Court made a final judgment (Guangdong Gao Fa Min San Zhong Zi No.33); Revoke the first and second items of the judgment of Shenzhen Intermediate People's Court; Allow the defendant to use it; The words "authorized by Shanlana International Co., Ltd." and "new generation products of Shanlana International Co., Ltd." should be used in a standardized way to eliminate the danger of infringement. 1 yuan shall bear half of the case acceptance fee.
Here, the final judgment of Guangdong Provincial High Court; Standardize the use of the words "Taiwan Province Shanlana International Co., Ltd. authorized to manufacture" and put an end to the case.
In the trial of the case, Shenzhen Meishan Company won the support of many well-known professors in China, and convened experts to conduct demonstration meetings. The experts made incisive analysis and argumentation and reached a consensus. 1. The trademark used by the defendant on the packaging is "Mei Shanshan", which is neither the same nor similar to the plaintiff's "Shan Lana". It is not an infringement of the Trademark Law at all. 2. Accuse the defendant of the words "Shanlana" on the product, which infringed the plaintiff's trademark right. This is a mistake in understanding the nature of the truth and a misinterpretation of the original intention of the legal provisions. First, the word "Taiwan Province Shanlana International Co., Ltd. authorized to manufacture" on the defendant's product does have the word "Shanlana", but these three words are the font size in the enterprise name of Taiwan Province Company; Second, Taiwan Province Company is established first, and enjoys the right of first use. His authorization is not only based on the agreement and power of attorney of both parties, but also common in international trade and foreign trade enterprises, which is not prohibited by Chinese laws; Third, the word "Shanlana" is sandwiched in the "Authorized Manufacturing by Taiwan Province Shanlana International Co., Ltd.", and it is not used alone, so it is far from being used prominently; Fourthly, the corporate name of "Taiwan Province Shanlana International Co., Ltd." will not cause the public to mistake it for "Zhuhai Shanlana" at all. Shenzhen Mei Shanshan neither infringes nor constitutes unfair competition.