Trademark Infringement Cases
China Independent Trademark Transfer Network News: On June 25, 2007, the Huaibei Intermediate People’s Court sued Anhui Kouzi Liquor Co., Ltd. against a well-known liquor company in Hunan Province. A company requested confirmation that it did not infringe the exclusive right to use a registered trademark. The verdict was pronounced in accordance with the law, confirming that the plaintiff Anhui Kouzi Liquor Co., Ltd.'s production and sales of "Kouzi" brand "Fu" wine did not infringe the defendant's trademark rights of a well-known liquor company in Hunan Province. The exclusive right to register the trademark "福" No. 150922. It is reported that this is the first case of requesting confirmation of non-infringement accepted by our city's court. This type of case is rare nationwide.
In early 2007, a well-known liquor company in Hunan Province issued an "official letter" to Anhui Kouzi Liquor Co., Ltd., stating that it had the exclusive right to use the registered trademark "福" on liquor products in accordance with the law. (Trademark registration number is 150922). Recently, it was discovered on the market that the packaging and decoration of Kouzi "Fu" wine produced and sold by Anhui Kouzi Liquor Co., Ltd. prominently uses the word "Fu" trademark, which infringes on the exclusive use of the above-mentioned registered trademark. right. The above-mentioned behavior of a well-known wine company in Hunan Province caused Anhui Kouzi Wine Co., Ltd. to worry about infringement and affected the marketing plan of "Kouzifu" wine. Anhui Kouzi Wine Co., Ltd. believed that its legitimate rights and interests had been infringed, so it filed a complaint The Huaibei Intermediate People's Court filed a lawsuit, requesting a ruling to confirm that the plaintiff's use of "Kouzifu" did not infringe the defendant's exclusive rights to the "Fu" trademark.
Court trial record: After trial, the following facts were found: The registration date of the "Kouzi" trademark owned by the plaintiff was November 31, 1979, and the goods used were certified as "wine" in category 33. The plaintiff was " The registered trademark owner of "Kouzi". The trademark "Kouzi" has a very high reputation, and the plaintiff's well-known trademark "Kouzi" is used on the "wine" products produced and sold by the plaintiff. Kouzi Liquor Company has won many honors
The defendant has successively applied for registration of trademark No. 150922 and trademark No. 3145322, which are approved for use in Class 33 products. Both are trademarks with the word "福". The main difference between the two is that The fonts are different. The defendant failed to provide evidence in the lawsuit to prove that it had produced products using the "福" trademark No. 150922.
On January 18, 2007, the defendant issued an "official letter" to the plaintiff stating that it legally had the exclusive right to use the registered trademark "福" on alcoholic products (trademark registration number is 150922) Recently, it was discovered in the market that the packaging and decoration of the Kouzi "Fu" wine produced and sold by the plaintiff prominently used the word "Fu" trademark, which infringed its exclusive right to use the above-mentioned registered trademark.
The Huaibei Intermediate People's Court held that the plaintiff's Kouzi trademark of "Fu" wine has a very high reputation, and the defendant has no evidence to prove that its "graphic Jiafu" and "Fu" trademarks are used on the products, and that they have Higher visibility. The distinctiveness of the word "福" in the defendant's registered trademark is very weak, and the scope of its rights should be reasonably restricted. The plaintiff's use of the word "福" in Kouzi's "Fu" wine is not as a trademark, but as a trade name and decoration, a good-faith and reasonable use of the company's cultural resources, expressing the cultural connotation of "auspiciousness and joy" and not misleading the relevant parties. The public, and the word "福" used by the plaintiff is different from the defendant's "福" trademark, and is not similar to the "Graphic plus blessing" trademark, there is no intention to imitate, and there is no unfair benefit. Therefore, it should be determined that the plaintiff’s actions did not infringe the defendant’s exclusive right to use the registered trademark No. 150922 “福”. Accordingly, the Huaibei Intermediate People's Court determined that the plaintiff's behavior did not infringe the defendant's exclusive right to use the registered trademark No. 150922 "福" and made the above judgment in accordance with the law. After the verdict was announced, neither party filed an appeal, and the verdict has taken legal effect.
Judge’s comments: Zhu Shujian (President of the Second Civil Division of the Municipal Intermediate People’s Court, Master of Laws): An action for confirmation of non-infringement is a unique system in the field of intellectual property litigation. The plaintiff's cause of action requesting confirmation of non-infringement litigation is mostly due to the threat of litigation from the defendant. The purpose of the plaintiff's lawsuit is only to request confirmation that his actions do not infringe on the rights of others and that his actions are not illegal. He does not claim that the defendant's actions are infringement and hold him accountable for infringement.
The plaintiff claims that its conduct is not illegal, either because the defendant’s rights do not exist or because its conduct does not fall within the scope of protection of the defendant’s exclusive rights. If the defendant does not file a lawsuit in court for a long period of time, it will be unclear whether there is infringement between the plaintiff and the defendant. The plaintiff's dealers may stop selling the plaintiff's products, and the plaintiff may also lose new cooperation opportunities. thus being at a disadvantage.
In the context of economic globalization and knowledge economy, intellectual property rights have increasingly become an important means for various types of companies to compete for the market and seek greater profits. From a legal perspective, there is nothing wrong with intellectual property rights holders making full use of the exclusive rights granted by law to gain competitive advantages in the market and protecting their intellectual property rights through various channels in accordance with the law. However, some intellectual property rights holders have exceeded the limits of the legitimate exercise of intellectual property rights and unreasonably suppressed competitors in the name of exercising their rights, or through so-called exercise of trademark rights and patent rights, through publicity and hype, to expand corporate visibility and Influence.
As a well-known enterprise in China, Anhui Kouzi Liquor Co., Ltd. owns the "Kouzi" trademark which is a well-known trademark in China and has been recognized as a "Chinese Time-honored Brand" by the Ministry of Commerce. What is commendable is that the company did not regard itself as superior and ignore the threat. Instead, it responded proactively, took the lead in applying for a lawsuit to confirm non-infringement, and safeguarded its legitimate rights and interests through judicial relief procedures. The practices of Anhui Kouzi Liquor Co., Ltd. will undoubtedly bring useful inspiration to other companies.
More infringement cases
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Consumption infringement cases
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