Plaintiff: Nanjing Xuezhongcaiying Wedding Photography Co., Ltd. Defendant: Jiangning Branch of Shanghai Xuezhongcaiying Wedding Photography Co., Ltd. Defendant: Shanghai Xuezhong Caiying Wedding Photography Co., Ltd. On September 22, 1993, Nanjing Xuezhong Color Film Co., Ltd., a wholly-owned Taiwanese company, was registered and established at the Nanjing Administration for Industry and Commerce. Its business scope includes photography, printing, dress and limo rentals, as well as beauty, hairdressing and related supporting services. . In November 1996, Nanjing Xuezhong Colorful Film Co., Ltd. applied to the State Trademark Office to register the word trademark "Xuezhong Colorful Shadow". The approved service item was Category 42 photography. The registration validity period was from November 14, 1996 to November 2006. Ends on the 13th of the month. In 2004, Nanjing Xuezhong Color Photography Studio won the "World Chinese Professional Wedding Photography Golden Image Award" and "Award Certificate" issued by the Asia-Pacific Chinese Professional Portrait Photography Exchange Organization. The certificate records: "Nanjing Xuezhong Color Photography Wedding Photography Studio won the award in 2004 The Top Ten Brand Award for Chinese Wedding Photography in the World. Its outstanding achievements have been unanimously approved by the international jury of this association and this certificate is specially awarded. "After more than ten years of operation, Nanjing Xuezhong Color Photography Company has established itself in the wedding photography industry in Nanjing. Have high visibility. On July 7, 2004, Wang Cheng, the founder of Shanghai Xuezhong Color Film Company, signed a house leasing contract with Shanghai Baoyi Economic Development Company and rented Room 288, North B, No. 18, Baoshan Shicun, Baoshan District, Shanghai as an office space. , with a usable area of ??8 square meters and an annual rent of 1,460 yuan. On July 20, 2004, Shanghai Xuezhong Color Film Co., Ltd. was registered and established at the Shanghai Administration for Industry and Commerce. Its business scope includes wedding photography, dress rental, and sales. On July 30, 2004, Shanghai Xuezhong Caiying Jiangning Branch was registered and established in Jiangning District, Nanjing City. Its business scope also includes wedding photography, dress rental and sales. The business place is No. 101, Building G, Wenzhou Commercial Street, Dongshandong Xinnan Road, Jiangning District . The door sign and store sign of the branch are marked with "Shanghai Xuezhong Caiying Wedding Photography Co., Ltd. (Jiangning Branch)", among which the font of "Shanghai Xuezhong Caiying Wedding Photography Co., Ltd." is clearly prominent, and "Jiangning Branch" "The font size is smaller. The branch's photography orders and store cashier receipts are marked with the words "Shanghai Xuezhong Caiying Wedding Photography Co., Ltd. (Jiangning Branch)". During its operation, the branch also distributed colorful leaflets, with the words "Shanghai Xuezhong Caiying Wedding Photography Co., Ltd." prominently printed, as well as "Excellent Wedding Photography Chain" and "To take high-quality wedding photos, choose Shanghai Xuezhong Caiying ", "Shanghai Snow Color Shadow Top Dress Dynamic Exhibition" and other contents. In August 2004, after discovering the business activities of the two defendants, the plaintiff requested the Nanjing Administration for Industry and Commerce to investigate and deal with the matter. In December of the same year, the plaintiff filed a lawsuit, requesting an order for the two defendants to: 1. Immediately cease infringement of the registered trademark "Xue Zhong Caiying"; 2. Apologize to the plaintiff and eliminate the use of the name "Xue Zhong Caiying" in newspapers. The negative impact caused by the plaintiff; 3. Compensation for economic losses of 500,000 yuan; 4. Bearing the litigation costs of this case. Before the trial of this case, the plaintiff applied to add a claim, believing that the actions of the two defendants also constituted unfair competition, and requested that the two defendants be ordered to immediately cease unfair competition, stop using the name "Xue Zhong Cai Ying", and change the name and size. . The court granted the plaintiff's application to add claims and re-specified the time limit for proof and defense at the request of the two defendants. The two defendants argued that the plaintiff's addition of a claim after the expiration of the time limit specified by the court for producing evidence was inconsistent with the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" and the principle of "nothing is settled". The court should not allow it and the plaintiff should file another case. Prosecution. The business names of the two defendants were legally registered, were legally operated and used in a standardized manner, and did not infringe upon the plaintiff's trademark rights. The plaintiff’s “Xue Zhong Caiying” trademark and corporate name are not distinctive, and customers’ acceptance of the defendant’s services is based on the good services it provides, rather than being affected by the name “Xue Zhong Caiying”. There are many wedding photography companies named "Snow Colorful Shadow" across the country, but the plaintiff did not stop them. Request that the plaintiff’s claims be dismissed in accordance with the law. [Trial] The Nanjing Intermediate People's Court of Jiangsu Province held after trial that Article 126 of the Civil Procedure Law of the People's Republic of China stipulated that the plaintiff added a claim, the defendant filed a counterclaim, and a third party filed a claim related to the case. Relevant litigation claims may be heard together.

The plaintiff Nanjing Xuezhong Color Film Co., Ltd. initially filed a lawsuit for trademark infringement. Before the trial, it added the cause of action and request for unfair competition based on the same facts. Although this request has the same factual basis as the trademark infringement request, it is indeed For legal relationships of different natures, Nanjing Xuezhong Caiying Company has the right to request the court to make separate determinations at the same time. This does not conflict with the principle of "nothing is fair". The determination of trademark infringement and unfair competition are relevant in this case. The combined trial is conducive to litigation economy. Moreover, the court gave the defendant the opportunity to supplement his defense and re-produce evidence without damaging the defendant's litigation rights. According to the relevant provisions of my country's Trademark Law, Nanjing Xuezhong Caiying Company has the right to prohibit others from using the words "Xue Zhong Caiying" or words similar to "Xue Zhong Caiying" to indicate the source of services and conduct commercial activities on photography or similar services. . Although the corporate names of the defendants Shanghai Xuezhong Caiying Company and Shanghai Xuezhong Caiying Jiangning Branch contain the same words as the registered trademark "Xuezhong Caiying" of the plaintiff Nanjing Xuezhong Caiying Company, Shanghai Xuezhong Caiying Jiangning Branch The company regulates its corporate door plaques, photography orders, store cashier slips and advertising leaflets