According to the demand, the company is the right holder of the registered trademark of "How Fast, How Good and Save", and has the right to use the above registered trademark and legitimate rights and interests. It is believed that JD.COM and its affiliated companies in JD.COM used the trademark "How Fast and How Good" without the authorization of the registered trademark holder, which infringed on the exclusive right of the trademark.
The court held that the word "as soon as possible" belongs to a fixed meaning and descriptive usage. The public can use this word in this sense, and JD.COM Company uses it to express its quality and speed. These four words fail to identify the source of service, and objectively will not cause consumers to misunderstand and confuse the source of service. Therefore, it does not constitute an infringement of the company's exclusive right to use trademarks. To sum up, the court rejected all the claims of the company.
Trademark holders in China enjoy the legitimate rights and interests of their registered trademarks, and enjoy the exclusive right and exclusive right of trademarks. For example, in this case, the trademark "How Fast and How Save" is reasonably combined with JD.COM. COM own logo "JD. COM JD。 COM”。 Such behavior belongs to fair use, which will not cause public confusion about goods or services, and constitutes fair use, so it does not constitute trademark infringement. The above is about JD.COM being sued for trademark infringement or fair use today. If you want to know more about trademark news, you can enter our Bajie Intellectual Property Trademark Transfer Network.