Does the product you make have the same functions as AnTuTu? Functions are almost likely to be infringed.
The following is a previous news:
Cixi has always been known as the "Capital of Small Home Appliances". There are many companies engaged in the production and sales of refrigerators, washing machines, electric fans and other home appliances. Some small and medium-sized enterprises use the method of "tying famous brands" to mark similar well-known brands on their products or packaging, thereby increasing the sales of their products.
Yesterday, the Cixi Municipal People’s Court’s intellectual property tribunal heard the first foreign-related intellectual property dispute case. Electrolux Co., Ltd. sued Qingdao Electrolux Electric Co., Ltd., Ningbo Aowei Electric Co., Ltd. and Ningbo Vichy Electric Co., Ltd. for trademark infringement and unfair competition.
The pronunciation and icons are very similar
Before the court session, the reporter saw several people moving two unopened refrigerators and washing machines into the courtroom and placing them in the courtroom. Beside the plaintiff's table.
Because this was the first foreign-related intellectual property dispute case, there were many people sitting in the auditorium. Some of them were business representatives invited by the Cixi Court to observe.
After the hearing, Lawyer Luo, the attorney of Electrolux Co., Ltd., said: The trademark "Electrolux" has been registered by Electrolux Co., Ltd. in 1996. Qingdao Electrolux Electric Co., Ltd. ( The Electrolux in the company name (hereinafter referred to as Qingdao Electrolux) infringes upon the trademark rights of "Electrolux".
At the same time, Lawyer Luo pointed to the refrigerator next to the plaintiff’s table and said that the icons used on the refrigerators produced by Ningbo Aowei Electric Co., Ltd. (hereinafter referred to as Ningbo Aowei) are different from the Electrolux trademark. Both the pronunciation and the triangular icon are very similar.
“This infringes on the trademark rights of Electrolux Co., Ltd. and creates unfair competition,” lawyer Luo said.
The company name and trademark have been registered
"The name of Qingdao Electrolux Electric Co., Ltd. is registered with the Industrial and Commercial Bureau, which is legal and there is no infringement." Qingdao Electrolux's attorney said.
For the similar triangle icon, the representative of Ningbo Aowei has a different view, "This icon is composed of triangles, circles and squares, which are very common shapes and do not belong to a special design type. "
Ningbo Aowei's trademark "Ellacks" is also registered by the National Trademark Office, and its scope of use also includes refrigerators.
The trial lasted until 12 noon, and the trial was halfway through. In order to ensure the normal hearing of the case in the afternoon, the presiding judge could only announce an adjournment and arrange another time for the hearing.
Consumers were misled into thinking that "Elekes" were Electrolux
At 2:30 p.m., a trial was held between Electrolux Co., Ltd. and Qingdao Electrolux and Ningbo Vichy Electric Co., Ltd. (hereinafter referred to as Ningbo Vios).
At the beginning of the court session, Lawyer Luo directly stated: The washing machines produced by Ningbo Vios are marked with "Elekes" both on the packaging and on the body of the washing machine, with "Qingdao Elekes" written underneath. Lex Electric Co., Ltd." Such behavior misleads consumers.
“After purchasing a washing machine produced by Ningbo Vios, a consumer found an after-sales service point of Electrolux Co., Ltd.” Lawyer Luo said: “This means that during the sales process, someone or There are certain signs that mislead consumers into thinking that this is a washing machine produced by Electrolux Co., Ltd."
In this regard, a representative of Ningbo Vio said: "We are OEM and have trademarks. The labeling format has been agreed with Qingdao Electrolux in advance, and it is produced entirely according to their design."
"Tie a famous brand" will not bring long-term benefits
End of the trial. Afterwards, the company representatives who were observing all sighed: "I came to the Cixi Court this time to attend. I really came to the right place. I learned a lot about the legal knowledge about intellectual property rights."
Shen Ping, a staff member of the intellectual property tribunal, told Reporter, there are many small and medium-sized enterprises in Cixi now using the free-riding method of "tying famous brands" to open up the market and increase the sales volume of the enterprises. These behaviors will infringe on trademark rights, patent rights, etc., and cause unfair competition.
Although the practice of "tying famous brands" can bring benefits to the company in the short term, if the company wants to become stronger and bigger, it needs to establish its own brand and master core technologies.