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A Case Study of Maple Leaf v. Crocodile
(1) I think the plaintiff's trademark right has indeed been infringed-Chapter VII Protection of the Exclusive Right to Use a Registered Trademark of the Trademark Law of People's Republic of China (PRC) in 2006 5438+0: Article 52 Any of the following acts is an infringement of the exclusive right to use a registered trademark: (4) Changing its registered trademark and putting the goods with the changed trademark on the market without the consent of the trademark registrant.

(two) the right to maintain the business reputation of the enterprise, the right to establish a brand, the right to fair competition, and the exclusive right to use a trademark; Trademark law, general principles of civil law and anti-unfair competition law

(3) The court found that Beijing Yi Tong Advertising Company under the former Development Promotion Association had damaged the commercial reputation of Beijing Garment Factory and constituted unfair competition; Parkson Shopping Center and Crocodile Company are not at fault and do not bear tort liability.

The Association for the Promotion of Development represents the atomic company Beijing Yi Tong Advertising Co., Ltd. to perform the civil liability of this case. The verdict is as follows:-Defendant Development Promotion Association apologized to Beijing Clothing-Ding on behalf of Atomic Company in Beijing Daily to eliminate the influence; Second, the defendant Development Promotion Association compensated the plaintiff Beijing Garment Factory for the loss of goodwill and the reasonable expenses paid for this case * * * 654.38 million yuan only (borne by the property of the former Beijing Yi Tong advertising company in Beijing Parkson Light Industry Development Co., Ltd.).

Supplement (1), but there are still big differences: one view is that Yi Tong's behavior constitutes trademark infringement, on the grounds that although the infringement behavior stipulated in the Trademark Law does not clearly stipulate that such behavior carried out by Yi Tong Company belongs to the infringement of the exclusive right to use a trademark, it should be recognized as "other infringement of the exclusive right to use a trademark" stipulated in the Trademark Law;

On the contrary, the law does not clearly stipulate that Yi Tong's behavior belongs to trademark infringement, so it is impossible to expand the interpretation of the Trademark Law and determine that Yi Tong's behavior constitutes infringement.