The Harbin Intermediate People's Court concluded the case of Kwai Technology Co., Ltd. and Beijing Dajia Internet Information Technology Co., Ltd. suing Kwai Xiaohuangche Agricultural Technology Co., Ltd. of Heilongjiang Province for infringement of trademark rights and unfair competition. The judgment clarified the recognition criteria for well-known trademarks and the considerations for the necessity of identifying well-known trademarks.
The court held that the trademarks of Dajia Company, Beijing Kwai Company No. 15487460 "Kwai" and No. 14439348 "Picture" have objectively achieved considerable popularity in online social networking services, video editing, entertainment, entertainment information and other categories, but they belong to different categories of goods and services used by Heilongjiang Xiaohuangche Company. The premise for determining whether to infringe the registered trademark rights is whether to determine whether the aforementioned trademarks are well-known trademarks, And cross class protection.
First of all, the "Kwai" trademark has objectively gained high popularity and is well known by the public.
The Internet industry has the characteristics of rapid information dissemination. In the mobile Internet era, users' time is fragmented, and smart phone software and hardware technologies are becoming increasingly mature. Short videos can spread information directly through dynamic vision and stereo hearing, catering to the needs of contemporary young people to highlight their personality, show themselves, and gain attention and recognition, and other internal and external conditions, so that short videos can be carried out quickly in the mobile Internet era A large amount of dissemination and diffusion.
"Kwai Short Video" has accumulated a positive high market popularity, which is well known by consumers and has the factual basis to be recognized as a well-known trademark.
Secondly, this case has the necessity of identifying well-known trademarks. Heilongjiang Xiaohuangche Company uses the "picture" logo, which actually plays the function of product source. When consumers see the logo, they are easy to associate with the "Kwai" trademark and its obligee, which is an improper use of the "Kwai" trademark's powerful market reputation and market influence in fact, splitting the only directional link between the "Kwai" trademark and the obligee. This case has the necessity to protect well-known trademarks.
Third, in essence, Kwai provides online social services. Consumers' perceptions of Kwai are more based on the vast amount of information they can provide and the self-identity and mutual interaction they gain when uploading or watching videos. Dajia and Beijing Kwai are allowed to register in Category 41 video editing, entertainment and entertainment information, The court upheld the claim of well-known trademark protection for trademarks on category 45 online social network services.
In addition, the court held that in the modern commercial society, operators should consciously follow the principles of fairness and integrity, and abide by laws and business ethics in their production and business activities.
Give full respect to the goodwill accumulated by others' prior business operations, and make necessary concessions on the logo to avoid consumers' association, so as to seize the commercial interests that should belong to the obligee.
To sum up, the court decided that the defendant Kwai Little Yellow Car should stop infringing and compensate for economic losses and reasonable expenses.
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