"Xiaomi" is a well-known domestic brand familiar to the public. Based on the brand value and market influence of "Xiaomi", some online stores try to "rely on" famous brands, and frequently use the "Xiaomi" trademark in the sale of Yuba, heater, flat panel lamp, liangba goods and other household appliances.
Recently, the Shanghai Intellectual Property Court (hereinafter referred to as the Shanghai Intellectual Property Court) made a first instance judgment on the dispute between the plaintiff Xiaomi Technology Co., Ltd. (hereinafter referred to as Xiaomi technology company), Xiaomi Communication Technology Co., Ltd. (hereinafter referred to as Xiaomi communication company) and the defendants Zhou and a company in Shanghai over trademark infringement and unfair competition, and found that the defendant Zhou's behavior constituted trademark infringement and unfair competition, Zhou was sentenced to compensate for economic losses and reasonable expenses totaling 500000 yuan. After the sentence was pronounced, neither party appealed, and the case has taken effect.
The plaintiffs Xiaomi Technology Co., Ltd. and Xiaomi Communication Co., Ltd. jointly claimed that Xiaomi Technology Co., Ltd. enjoyed the "Xiaomi" Trademark No. 8228211, and approved the use of goods such as videophones and mobile phones of category 9.
Authorized by Xiaomi technology company, Xiaomi communication company has the right to use all trademarks held by Xiaomi technology company when selling and distributing goods worldwide from August 25, 2010. After the publicity and use of the two plaintiffs, the above registered trademark has been highly known.
The two plaintiffs found that the defendant Zhou Moumou used the word "Xiaomi" in many places in the sales pages and products of Yuba, heater, flat lamp and liangba displayed in the store operated by an e-commerce platform; The defendant Zhou used the words "Xiaomi household appliances exclusive store", "comparison of two-year electricity charges between Xiaomi energy-saving lamps and inferior lamps in the market" and the QR code "walk into Xiaomi" to point to the page in the commodity publicity of the above-mentioned store, which was false and misleading business publicity.
The two plaintiffs told the court that the trademark of "Xiaomi" involved in the case was a well-known trademark, and the defendant Zhou's aforementioned behavior was to use and sell goods with the same registered trademark as the plaintiff on different categories of goods without authorization, which constituted trademark infringement; The defendant Zhou Moumou's false propaganda behavior has the intention of attaching the "Xiaomi" trademark and the popularity of the two plaintiffs' enterprises, which constitutes unfair competition.
The defendant company is negligent in performing the obligation of examination and supervision, and should bear corresponding legal liabilities for providing convenience for the defendant Zhou's infringement and making profits from it. The two plaintiffs requested the court to order the defendant Zhou to stop infringement and unfair competition, publish an apology statement to eliminate the impact, compensate for economic losses of 5million yuan and reasonable expenses of 100000 yuan, and order the defendant company to delete the links involved in the case.
After hearing, the Shanghai Intellectual Property Court held that the "Xiaomi" Trademark No. 8228211 enjoyed by the plaintiff Xiaomi technology company has been used continuously after being approved and registered. So far, the plaintiff and its affiliated companies have invested a lot of money to promote the Xiaomi brand and won many honors. It can be determined that the trademark involved in the case has been widely known by the relevant public in China in 2020 and belongs to a well-known trademark.
When the defendant Zhou Moumou sold the four kinds of alleged infringing goods Yuba, heater, flat panel lamp and liangba in the store he opened, he highlighted the use of "Xiaomi", "Xiaomi Yuba", "Xiaomi home heating", "Xiaomi home flat lamp" and "Xiaomi home liangba" in many places, such as the name of the goods, the pictures of the goods, the details of the goods, as well as the product body, outer packaging and instructions.
These logos used the trademark of "Xiaomi" involved in the case, which belongs to the well-known trademark of "Xiaomi" involved in the case, which was copied and imitated on different or dissimilar goods. They improperly used the market reputation of the well-known trademark of "Xiaomi", misled the public, damaged the interests of the obligee, and constituted trademark infringement.
The defendant Zhou showed in his store video that he was a "Xiaomi | household appliances exclusive store", which would mislead the relevant public that the products sold in the store came from or were related to the plaintiff, and had the intention of clinging to the plaintiff's business reputation and commodity reputation to enhance competitive advantage, which violated the principle of good faith and constituted unfair competition.
The defendant Zhou Moumou committed trademark infringement and unfair competition of false publicity, and should bear civil liability to stop infringement and compensate for losses according to law. In view of the fact that the infringing products involved in the case have been removed from the shelves, the two plaintiffs have confirmed this, so there is no need to support the plaintiff's claim to stop infringement and delete all publicity websites. In conclusion, the Shanghai Intellectual Property Court made the above judgment according to law.
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