Good news birds group Co., LTD., zhejiang report bird dress Co., ltd., v. ruian Loeb sanitary ware Co., LTD, Shanghai news bird sanitary ware Co., LTD

Trademark infringement and unfair competition

[case]

Accuser: good news birds group Co., LTD

Accuser: zhejiang report bird clothing Co., LTD

Defendant: ruian Loeb sanitary ware Co., LTD

Defendant: Shanghai news bird sanitary ware Co., LTD

The bird group Co., LTD. (news to report says the bird group), founded in 1996, is approved by the state administration for industry and commerce of the national no-region cross-industry group company. The plaintiff zhejiang report bird clothing Co., LTD. (hereinafter referred to as the company) is good news bird bird group company. In 1997, January 7, July 28, the state administration for industry and commerce shall respectively report bird garment company approved yongjia county, zhejiang report bird dress group Co., LTD. "good news for the bird" text, graphics, hanyu pinyin (registered trademark registration number for the first 925206 respectively, and the first 925218 1064365) approved for use of goods, the first 25 clothing, shoes, etc. Jan. 7, 1999, January 28, the trademark office approved respectively 925206 first report bird remise group, the first 925218 number, the number 1064365 registered trademark. In 2000, the trademark office on September 7, approved by the news report "for birds group bird" text, graphics, hanyu pinyin (registered trademark registration number combination 1441123: first, the use of products for approval of 25 garment etc. On July 28, 2003, the state trademark approved the report has bought the registered trademark. "Good news", suit to bird September 1999, is recognized for zhejiang province famous-brand products. On March 12, 2002, "good news", and "bird bird" text, graphics, hanyu pinyin and combination of trademark by the state trademark recognized as a well-known trademark. The report, by the "bird" trademark, apparel and size, for the relevant public already familiar with high visibility.

The defendant Shanghai news bird sanitary ware Co., LTD. (hereinafter referred to as the bird) in Shanghai news in March 1999 unfastdyes, legal representative, registered LiLinBiao is tangxia town. On March 12, 2003, bird LiSiChuan distributors in nanjing, Shanghai news for allegedly selling infringe the plaintiff trademark "good news" faucet is bird nanjing administration for industry and commerce shall investigate and deal with. The defendant ruian Loeb sanitary ware Co., LTD (hereinafter referred to as the company) is Shanghai news Loeb bird in wenzhou, according to two defendants in January 2003 sign "processing contract" in the agreement, Loeb company production and sales of various faucets baoxiniao mark ", "Shanghai" pinyin trademark report bird sanitary ware Co., LTD "name and address. Wenzhou city industrial and commercial bureau according to the plaintiff's complaint, the company of Loeb ACTS of unfair competition, and the investigation on October 30th made the decision on administrative punishments.

Two former told the news said bird, Loeb company in Shanghai in "good news" trademark, clothing and bird, for the name already familiar with the relevant public and highly popularity circumstance, still will be good for the enterprise name registration of bird "in the text and sanitary ware products production and marketing. His behavior was obviously violates the market competition should follow the principle of good faith and fair competition, constituting unfair competition, also violated the registered trademark "good news bird". Requesting the court: 1, two defendants to stop infringing the plaintiff "good news" trademark rights; bird 2, two defendants in its stop production, sales of products, product packaging and printing, the product specification, publicity materials use the words "good" bird behavior, and destroyed all the infringing goods, 3 and two defendants in national newspapers to both the public apology, The two together, the good news for 20 million birds group economic loss report, the economic loss of 30 million yuan.

The defendant Shanghai news: 1, the plaintiff argued bird trademark and the enterprise name by legal procedures are confirmed by the trademark rights, respectively, the laws and regulations of the administration of enterprise name registration and protection laws and regulations, belong to two different rights category. Shanghai news birds in 1999, 30 March by Shanghai administration for industry and commerce shall be registered according to law, if the plaintiff think this legal registration of enterprise names violated the trademark shall, according to the regulations governing the implementation of the trademark law and the state administration for industry and commerce on solving trademarks promulgated by the name of enterprises and the opinions on some issues with the relevant provisions of the administrative organ of enterprise name registration for the cancellation of the registration of enterprise names. In Shanghai, the enterprise name is good bird competent registration authority, the plaintiff cannot think before revoked in his mark on the product the company's name registered in accordance with the trademark infringement behavior. 2, the defendant shall apply for registration of the ministry of commerce, the name of the trademark is not high reputation, besides the registered trademark has been approved for use of commodities

25 of clothing, shoes, but the defendant's business scope is the sanitary ware, two units in the use of different products. Three, we have a legal regulations after the trademark is famous, can have traces of the endless trace. Therefore the plaintiff's suing for cannot support, the application shall be rejected.

The defendant Loeb for the defendant argued company in Shanghai is processed products comply with good bird signed by both parties "processing contract" content to perform. "Baoxiniao" trademark is accused of Shanghai pinyin bird in the first 11 news in conduit bibcock, sanitary ware products such as have registered trademark of the plaintiff and the defendant that if two of the trademark with the trademark use exercise misunderstanding caused by consumers, shall, in accordance with the provisions of article 41 of the trademark law, apply to the trademark review and adjudication board shall make a ruling to revoke the defendant, the registered trademark of Shanghai news birds. The plaintiff and the defendant complained by wenzhou administration punishment Loeb company is due to the packaging is only good bird company name, Shanghai without manufacturers, namely Loeb company name, and that the invasion of the connection. No

[trial]

After the court, the court mediation organization, because both sides to view differs greatly, unable to agree to conciliation, finally, the plaintiff to mention of the intermediate people's court, (2004) dropped for the first WenMin three jhong-an civil verdict ruled as follows: the good news to birds group Co., LTD, zhejiang report bird dress Co., LTD withdraw.

[analysis]

This case is the same with the enterprise name with trademark infringement, the existence with the lawsuit against unfair competition, worth exploring is:

A person thinks of others, and all the trademark infringement, the enterprise name shall, when the exclusive right to revocation mention what department,

The implementing rules of the trademark law provided in article 53: all the people think of others as the well-known trademark registration of enterprise names, may cheat or mislead the public, to the administrative organ of enterprise name registration for the cancellation of the registration of enterprise names. The administrative organ of enterprise name registration shall, in accordance with the regulations on the administration of the registration of enterprise names. Issued by the state administration for industry and commerce on solving the enterprise name of trademarks and the opinions on some issues with seven regulation: handling trademark enterprise name shall conform to the confusion, the following requirements: (1) the trademark with the enterprise name of confusion, damage the lawful rights and interests of the owners earlier, (2) the trademark has been registered enterprise name registered with, (3) since the date of trademark registration or the registration of enterprise names for five years from the date requests (including has not request but), but malicious registration or registration of the malicious. Eight regulation: the trademark registrant or enterprise name all people think of their rights and interests are harmed, can be written to the state administration for industry and commerce or provincial administration for industry and commerce, and the rights attached to complain of the damaged relevant evidence. Nine: trademark and enterprise name confusion cases, events at the same level administrative area, the provincial administrations handle, Another provincial administrative area, the state administration for industry and commerce.

Visible, trademark registered enterprise name that infringes upon its rights shall, according to the relevant provisions of laws, rules and regulations, to the administrative department for industry and commerce.

Second, the defendant in their products on the use of legal registration with the company name exists between the unfair competition?

First, the company is approved by the department of industry and commerce according to law, so it's reasonable use, get legal protection law, Secondly, the original, the business scope of the different between harmonies, trademark and use in different categories respectively, due to the different consumer groups, obviously caused by the consumers not confuse, Therefore the name of the use of his existence not unfair competition.

Third, when the trademark in some kind of commodity is recognized as a well-known trademark, the scope of protection and whether it is retroactive.

Due to the plaintiff after hearing that the subject and litigation indeed are the unfair competition is not fully, such evidence on both sides of mediation of circumstances, finally ended withdrawal.