Peppa Pig has been loved by the audience since its release, but it has also been involved in disputes. The last news was that the Shanghai Intellectual Property Court heard a trademark infringement dispute case. The plaintiff was Entertainment One British Co., Ltd., the defendants are Chen Moumou and Shanghai Xunmeng Information Technology Co., Ltd. The court determined that the "Peppa Pig" trademark is a well-known trademark, and the defendant Chen Moumou constituted infringement. ?

1. Event background.

The plaintiff Entertainment One Company is the producer and distributor of the cartoon "Peppa Pig". In addition to authorizing the broadcast of the film, it has also authorized Peppa Pig-related peripherals to 17 domestic companies. Including electronic products, toys, clothing, maternal and infant products, food, etc. Later, Entertainment One Company discovered that defendant Chen Moumou used the word "Piggy Peppa Pig" and the logo on the product packaging of the "Creative Cartoon Peppa Pig LED Desk Lamp" sold without permission on the e-commerce platform operated by Xunmeng Company. So take it to court. In the lawsuit, the defendant argued that although the "Peppa Pig" animated image has a certain degree of popularity, it does not meet the standards of a well-known trademark as a trademark. Because our country's laws stipulate that well-known trademarks have cross-class prohibition rights, that is, products that are not in the same category as the products registered with the well-known trademark cannot use the well-known trademark, and well-known trademarks are also prohibited from being registered and used as corporate trade names. The LED lights of the infringing products involved in the case did not belong to the same or similar products as the Peppa Pig trademark registration scope, so the court applied for a well-known trademark identification. Finally, the "Peppa Pig" trademark was recognized as a well-known trademark, and the court ordered the defendant Chen Moumou to compensate the plaintiff Entertainment One Company for economic losses and reasonable expenses totaling RMB 30,000.

2. Reasons for serious trademark squatting in China.

Because our country does not pay enough attention to intellectual property rights, many companies do not pay enough attention to the protection of their own corporate trademarks and other intellectual property rights, so some people take advantage of it. In addition, my country's trademark system adopts a registration system, which does not require that the trademark applied for registration has been actually used or has a true intention to use, and the trademark only needs to be used for advertising to constitute use. This opens the door for squatters. In addition, it is difficult to safeguard rights after trademark squatting, and the law does not punish malicious squatting enough, so some people will squat for huge profits.