June 2004
Jinjiang News (Reporter Chen) Fujian Seven Wolves Industrial Co., Ltd. and Fujian Seven Wolves Group Co., Ltd. sued Fujian Longyan Red Seven Wolves Color Printing Co., Ltd. for a dispute over trademark rights and enterprise names. The reporter was informed yesterday that Longyan Intermediate People's Court accepted the lawsuit.
Fujian Seven Wolves Group Co., Ltd., established in 1995, is a well-known enterprise in Jinjiang. The trademark of Seven Wolves was approved and registered by the State Trademark Office on 1997. From that year to February 2002, we successively obtained the exclusive right to use trademarks for many products, such as clothing, advertising agency, commodity display, machinery and equipment, printing business and so on. Among them, the trademark "Seven wolves++separate-wolves++running wolves" was recognized as a well-known trademark by the State Trademark Office.
In June, 5438 +2003 10, Fujian seven wolves group co., ltd transferred the well-known trademark to Fujian seven wolves industrial co., ltd, and in May, 2004+10, the seven wolves group signed a trademark license contract with Jinjiang Jianli plastic color printing co., ltd (hereinafter referred to as Jianli company). According to the contract, Seven Wolves Group licensed the trademarks of 16 and 40 categories of "Seven Wolves ++sept-wolves++Wolves" to Jianli Company for three years, with a royalty of 9 million yuan.
After the signing of the contract, Jianli Company found that the enterprise name of Longyan Red Seven Wolves Color Printing Co., Ltd. was "Red Seven Wolves", which was similar to "Seven Wolves" and had caused market confusion, so it requested to terminate the contract. After negotiation, Fujian Seven Wolves Group Co., Ltd. and Fujian Seven Wolves Industrial Co., Ltd. brought Longyan Red Seven Wolves Color Printing Co., Ltd. to court, and Jianli Company became a legal person outside the case.
The plaintiff claimed that Longyan Red Seven Wolves Color Printing Co., Ltd. is an enterprise mainly engaged in packaging, decorating and printing cigarette trademarks and various printed materials. In September 2002, the original name (Longyan Fujian Color Printing Co., Ltd.) was changed to Longyan Red Seven Wolves Color Printing Co., Ltd., and it has been used ever since. In the central, Hong Kong, Hunan, Fujian and Longyan local TV stations, the image advertisement of "Red Seven Wolves" was continuously put in, and street sign advertisements were also put in Longyan city.
The plaintiff believed that the practice of Longyan Red Seven Wolves infringed on the trademark rights of Jinjiang Seven Wolves, so he requested the court to order the defendant to stop using the company name of Red Seven Wolves and compensate the plaintiff for economic losses of 6.5438+0.8 million yuan. Longyan Intermediate People's Court accepted the case.
At present, both the original defendant and the defendant have provided relevant evidence to the court.