As the Internet deepens into daily life, trademark infringement cases on the Internet are also on the rise. Now when encountering online trademark infringement, trademark rights holders can preserve evidence against trademark infringement. Fixing evidence of online infringement has become an important means for rights holders to safeguard their legitimate rights and interests.
A company in Tianjin enjoys the exclusive right to register a trademark with the word "AAA". In 2010, the trademark was recognized as a famous trademark in Tianjin by the Tianjin Administration for Industry and Commerce. Not long ago, a company in Tianjin discovered that a large number of external links counterfeiting the company's name and trademark appeared in the "Popular Areas" and "Price Ranking" column pages of Baidu's website, which has affected normal business activities. The company chose Tianjin TEDA Notary Office to apply for notarization of web page preservation evidence in order to facilitate future litigation and rights protection.
According to the trial, the court held that the third-party websites with external links all accepted Baidu’s bidding ranking service. However, these websites did not obtain the plaintiff’s permission and used the plaintiff’s registered trademark in a prominent position on the website. As an enterprise's trade name, it caused misunderstanding among the relevant public, infringed upon the plaintiff's exclusive right to use the "AAA" registered trademark, and constituted unfair competition. The defendant was also required to publish a statement on the homepage of the bidding ranking column for 48 consecutive hours to eliminate the impact and compensate the company for economic losses of 80,000 yuan.
In such a complex and ever-changing network environment, evidence of infringement on the Internet is likely to be deleted or modified at any time. Therefore, when a trademark owner encounters online trademark infringement, it is very important to promptly preserve and notarize evidence. For example, in the above case, the infringing content of the notarized webpage submitted by the plaintiff to the court served as the main evidence, clearly proving the fact of the defendant's infringement and playing an important role in protecting the plaintiff's rights and interests.
Short comment: In current trademark infringement cases, companies will promptly protect their own rights and interests, and use online notarization evidence methods to preserve key data and other evidence mirrors of the company's core intellectual property rights in real time anytime and anywhere. Since you are going to file a lawsuit, you must use evidence to protect yourself. Electronic data preservation and notarization is a new and convenient way to protect rights.