In trademark infringement cases, the most common is the joint infringement of several defendants. The condition of * * * same infringement is that the defendant has * * * same fault subjectively. * * * The same fault means that the defendant has the same communication intention, which excludes the accidental coincidence of one party's behavior and the other party's behavior. In the latter case, the court should distinguish the responsibility of the defendant in essence, and may not require the defendant to participate in the lawsuit in procedure. In trademark infringement cases, it is rare for the defendant to cause infringement due to negative inaction.
as a concrete manifestation, the defendants have a clear division of labor after intentional contact, including entrusting the design and printing of infringing trademark marks, entrusting the processing or joint manufacturing of finished and semi-finished products infringing trademark rights, and supervising, distributing, monopolizing or distributing, warehousing and transporting the infringing trademark products. Transportation, hiding and mailing functions. Under the above circumstances, the sameness and indivisibility of trademark infringement damage are caused by the same fault of each defendant and the collective behavior of the defendant.
therefore, in litigation, it should be listed as * * * co-defendant, and participate in * * * co-litigation as * * *. If the above-mentioned defendants are not in the same place, the court of the defendant's domicile has jurisdiction over the lawsuit of trademark infringement, that is, the obligee can choose the court of the infringer's domicile according to his own willingness to sue. In the indictment, the plaintiff can use the cause of action of * * * to solve the above cases. All infringers in different places are listed as * * * participating in the case with the defendant.
when the court adjudicates tort compensation, the first choice standard of each defendant is to take their own tort interests as the basis for undertaking tort compensation. If the infringement profits of some defendants in a case can be calculated, it will naturally be based on the infringement profits of some defendants; If the infringement profits of some defendants are difficult to calculate, the damages suffered by the plaintiff in the infringement can be used as the basis for the defendant's compensation.
if it is difficult to calculate the losses suffered by the plaintiff and the profits gained by the defendant due to the infringement, the court may, according to the circumstances and duration of the infringement, determine the limit of less than 5, yuan, the means adopted by the infringement and the goodwill damage caused to the obligee, and make compensation as appropriate.
by the way, the current law or judicial interpretation does not stipulate the strict application order when determining the defendant's tort compensation method. In this case, according to the usual understanding, the court should give the creditor the right to choose. Unless the creditor gives up the right to choose, the court can decide on its own according to the circumstances of the case. Choose the most appropriate compensation method.
it should be emphasized that in the lawsuit of * * * with tort, the defendant shall bear joint liability for tort compensation in addition to his own tort liability. Details determine success or failure, and trademarks are of great significance to enterprises. We should pay attention to these issues whether it is trademark transfer or trademark use. For more details, please consult Bajie Intellectual Property Trademark Transfer Network!