The Didi taxi brand has become a household name. However, a company that provides golf, fighting and other training not only uses the "Didi Golf Butler" logo extensively in its promotion, but also changed the company's name to Beijing Didi Golf Butler Technology Development Co., Ltd. (referred to as "Didi Playing Ball Company"). The owner of the "Didi" trademark sued Didi Playing Company to court.
Recently, the first instance of the Beijing Intellectual Property Court ordered Didi Playball Company to stop infringement, stop using the company name containing the word "Didi", and compensate the plaintiff for a loss of 700,000 yuan. This judgment has come into effect.
Extended information
The reasons for the first-instance judgment:
The Beijing Intellectual Property Court held that the trademark "Didi" involved in the case constituted a registered well-known trademark, and Didi Playing Ball Company's The behavior constitutes the copying, imitation, and translation of a well-known trademark, which can easily lead the relevant public to misunderstand that the above-mentioned services are provided by the owner of the "Didi" trademark or have specific connections with it such as licensing, affiliated enterprises, etc., which constitutes "misleading the public and causing the well-known trademark to be misled." "The interests of the registrant may be harmed", which infringes the plaintiff's exclusive right to register a trademark.
At the same time, Didi Playing Company changed the name of the company and used it commercially while knowing the popularity of the "Didi" trademark. The subjective malicious intent of its attachment was obvious and constituted unfair competition.
Beiwan New Vision-Didi Playing Ball infringed Didi and was ordered to pay 700,000 yuan. The court: maliciously clinging to a well-known trademark