Dali Company, a well-known enterprise, found that a hotel was selling drinks produced by "Dali Garden Company". Dali Company notarized the evidentiary materials and appealed to the People's Court of Mawei District, Fuzhou City, asking Dali Garden Company to stop the infringement and compensate for the loss of 300000 yuan.
According to the Anti unfair Competition Law of the People's Republic of China and the Trademark Law of the People's Republic of China, three factors should be considered to determine whether the conduct of Dali Park Company constitutes unfair competition:
1. Whether the trademark "Dali Park" is earlier than the registration time of Dali Park.
2. Whether it is malicious for Dali Park Company to use "Dali Park" as its enterprise name.
3. Does the use of "Dali Park" as a corporate name mislead the public.
It is reported that Dali Company was established on February 10, 1993, and its business scope includes biscuits, puffed food, cakes, beverages, etc. Dali Company registered No. 4573654 "Dali Park" trademark on November 21, 2008, and extended it to November 20, 2028.
Daliyuan Company was established on March 31, 2017, and its business scope includes prepackaged food and bulk food.
Court's opinion after trial
The trademark of "Dali Park" was registered on November 21, 2008, far earlier than the establishment of Dali Park Company on March 31, 2017. The above trademark rights are prior rights to the registration of Dali Park Company, and Dali Park Company shall not conflict with them when registering its enterprise name.
Secondly, after a long period of operation, the "Dali Park" trademark has already gained a certain popularity when Dali Park Company was founded. Dali Company and Dali Park Company both cover the business scope of food and are in the same industry, and both Dali Company and Dali Park Company are registered in Fujian Province. In this case, Dali Park Company is obviously aware of the existence and popularity of the "Dali Park" trademark, Its use of "Dali Garden" in the enterprise name is malicious.
At the same time, Dali Park Company and Dali Company are independent of each other and have no connection. Dali Park Company regards "Dali Park" as its enterprise name, which will lead the public to mistakenly believe that Dali Park Company has a specific relationship with Dali Park Company based on the recognition of the "Dali Park" trademark, causing confusion.
Based on the above reasons, Dali Park Company uses "Dali Park" as its business name, which constitutes unfair competition, and Dali Company advocates its establishment.
According to Article 17 of the Anti Unfair Competition Law of the People's Republic of China and Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Civil Disputes over the Conflict between Registered Trademarks, Enterprise Names and Prior Rights, the Mawei Court ruled that Dali Park Company should stop using the words "Fuzhou Dali Park" on the packaging bags of drinks it produces and sells, Stop using the brand name with "Dali Park" in the enterprise name, stop using the enterprise name with "Dali Park" in the internal and external packaging of drinks and exhibitions, and compensate Dali for its economic losses and reasonable expenses of 200000 yuan.
The judge said
There are risks in "following famous brands", and "hitchhiking" should be cautious.
This "trademark attachment" behavior not only seriously damages the legitimate rights and interests of brand enterprises and consumers, but also disturbs the market economic order and destroys the market environment of fair competition.
Dali Park Company uses the "Dali Park" registered trademark in its enterprise name which has already had the corresponding market popularity and reputation, and its business scope also belongs to the same industry or directly related industries. It obviously has the subjective intention of "hitchhiking" and "being close to the famous brand", which is an improper means and has paid the corresponding price for this.
When purchasing goods, consumers should choose the merchants authorized by the brand side, otherwise once they buy fake and shoddy goods, it is difficult to claim rights from the brand side. When selling or providing goods, operators should purchase from regular agents and dealers. Operators shall perform the obligation of prudent review on the commodities they sell, and protect their own interests while protecting the legitimate rights and interests of consumers.
Brand is an important carrier to build a modern economic system, and also a core element to promote high-quality economic development and enhance international competitiveness.
In recent years, in order to combat infringement and counterfeiting and optimize the business environment, we have strengthened the judicial protection of well-known trademarks, well-known brands and time-honored brands by strengthening the trial of cases in key areas such as platform economy, scientific and technological innovation, information security, and livelihood security, and timely releasing typical cases, effectively promoting fair competition in the market, maintaining normal market order, and guiding the whole society to respect intellectual property rights, operate in good faith A good atmosphere for cultivating brands and encouraging innovation.
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