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Obviously malicious clings to well-known enterprise size decision to stop using

  If the defendant improperly the others with high visibility at a registered trademark in the text or font size the same registered business name, apparently while the goodwill of others intentionally, do not stop using a business name is not enough to prevent market confusion, defendant to stop font size should be used.

of the case on December 23, 2003, the company set up in yangzhong city, Jiangsu Province, residence in yangzhong city, Jiangsu Province road. On December 26, 2003 changed its name to the electric company, and moved to the Jiangning district, Nanjing city, Jiangsu Province, residence domicile, operating range of the power transmission and distribution equipment, microwave equipment, insulation materials manufacture, sales, design, installation and related technical services.
on August 28, 2004, the electric company experienced graphics right to exclusive use of registered trademarks, 1,217,174th, transformers of the authorized use of a commodity for the 9th class on April 14, 2006 CEEG No. 3880915, text is registered trademark of the company, authorized use of a commodity for 9th class transformer, Busbar, high and low-voltage switch cabinet, distribution box, junction box, coil, etc. Production and management in the long term, in connection with the two trade marks significantly increased. 2004 years in the electric electrical company series transformer was named "China famous brand", 2008 graphics registered trademark was national business administration General trademark Council finds for famous trademark, 2009 registered trademark was named "Jiangsu Province famous trademark"; Meanwhile, in the electric electrical company of enterprise image and transformer, products of visibility, and reputation degrees also get upgrade, in national industry in the has is high of reputation. May 2005 in the electric electrical company development of YBZ type intelligent of pre-installed type substation, and SRN (f) resistance high temperature liquid dip type power transformer was included "national torch plans focus project"; 2006 years in the electric electrical company was named "independent innovation capacity ten strong enterprise"; 2010 years in the electric electrical company was named China private enterprise 500 strong (ranked 143th bit), more items honors.
in December 2008, Lu Changrong, and Jia Mingxiang, and Wang Ducheng (are people in yangzhong City) in applying for incorporation in Xuzhou city, Jiangsu Province, the "Jiangsu power electric company limited" scope for transmission and distribution equipment, insulation, wires and cables, instrumentation, chemical products, construction material and hardware sales. In the company application for CEEG is used in the registration process on behalf of the company. Electric company after discovering that its representations, the company's shareholders and equity structures are changing. August 25, 2009, Lu Changrong, and Jia Mingxiang, and Wang Zhongchao, and Wang Xueyun (Wang Zhongchao, yangzhong Wang Xueyun is also the person) in Xuzhou city, Jiangsu Province, invested in the electric transformer company limited (hereinafter referred to as transformer company). Operating range of transformers, high and low voltage switchgear, Busbar, cable trays, insulation products, microwave measurement equipment development, manufacturing, sales and technical services. Electrical transformers in the
company signed a contract with customers will mark the site in yangzhong city, Jiangsu Province road, indicated on the invoices issued to customers in yangzhong city, Jiangsu Province, its address is Avenue. New City electrical materials, receipt, product quality problems, and it is found that the products are not in the electric company, and the electric transformer company return fail and electrical company in complaints. Electric transformer company to use the power of love (Group) limited, marked on the nameplate of the transformer and electric company registered trademark of graphic identity.
log on through the Internet search engine Baidu for "CLP" two words and "China electric" 4 word search, search result obtained 1.8 million and 2.2 million, respectively.
judgment
Jiangsu Province Zhenjiang intermediate people's Court think, in the electric transformer company to "in the electric" for font size registered has himself of Enterprise name, fake in the electric electrical company registered trademark, its intent obviously is inductive errors thought is in the electric electrical company products, makes related public on involved products of source produced confusion, this behavior on in the electric electrical company constitute has not due competition; in the electric transformer company in foreign business business in the fictional for in the electric electrical company of associated enterprise, and Distributed in the electric company's product brochure, mark the site in yangzhong city, Jiangsu Province road, yangzhong, mark p misleading propaganda are acts of unfair competition, but also pose unfair competition to the electric company. Judgment: first, in the electric transformer company to immediately stop using "CLP" Enterprise name; in the second, electric transformers in the 10th after the entry into force of the judgment of the company, apply to register with the industrial and commercial authorities to change its corporate name, the name must not contain the "CLP". Fails to perform, enforced by the courts of first instance, the costs borne by the electricity transformer company in three electrical transformers in the company from the date of entry into force of the judgment in the 10th compensation in the electric company's economic losses of 200,000 yuan; four, dismissed in the electric company's other claims. Electric transformer company refuses to appeal. Jiangsu provincial higher people's Court of second instance
believe that electrical transformers in use in the management of the company in the electric company's brochure, in the sales contract will address labeled "in yangzhong city, Jiangsu Province road", its sales of products used and electric company trademark logo, constituting unfair competition. Meanwhile, power transformer used in the electric company's registered trademark "power" as their size, production and electrical company in the same product, as in the same geographical region, easy to cause mistake, has obvious hitch malice constituted unfair competition. And transformers do not stop using the company name is not enough to prevent market confusion. Two electrical transformers in the Court rejected the company's appeal. Comment on

this case involved trademark infringement and false advertising, size infringement acts of unfair competition disputes. One issue of concern is that the defendant to the plaintiff "in the" text size, registered as a business name, their rights should be restricted, so the court order the defendant to stop improper use of font sizes. Comments on comments made in the present case, it focuses.
electrical transformers in use in the registered business name of the company "CLP" font size, whether belonging to our country against acts of unfair competition under the law of unfair competition. China's anti-unfair competition law, article: "operator in the market, you should follow the principle of voluntariness, equality, fairness, honesty and credibility, comply with accepted business morality." Registered trademark and company name are in accordance with the corresponding legal procedures to obtain identity rights, belong to different identification sequence, in accordance with appropriate laws be protected accordingly. For registered trademark and Enterprise name Zhijian of right conflict disputes, in judicial practice in the, if is not specification using Enterprise name, in same or similar commodity Shang highlight using and others registered trademark same or similar of enterprise of font size, easy makes related public produced errors recognize of, belongs to to others registered trademark dedicated right caused other damage of behavior; if registered using Enterprise name itself has not due sex, even not highlight using font size, Enough to make consumers for goods or services from mistaken confusion among and between different operators have an associated, constitutes a breach of the principle of good faith, with the legitimate forms of infringing acts of goodwill, should be convicted for violations of China's anti-unfair competition law article of acts of unfair competition. In addition, the fifth China's anti-unfair competition law section (c) provides that unauthorized use of someone else's business name or name, people mistook for the goods of others, to the detriment of competitors is an act of unfair competition. The Supreme People's Court on trying civil cases of unfair competition law of the interpretation of the sixth article, has certain market awareness, known to the relevant public in the name of the font size can be identified as the anti-unfair competition law article fifth (c) provision of business name. In this case, electric company in connection with the registration of trademarks in time well ahead of the transformer company was established, electric company registration in time long before the electric transformer company in the time of registration and before which have high visibility. Font size for the electric company for "electricity", involved two improved brand awareness and also upgrade the corporate visibility and reputation. Electric transformer and electric companies belonging to the same industry operators, is engaged in industry production and sales of transformers and transformer company individual shareholder in yangzhong city, Jiangsu Province, people, should know when its electric company brand awareness and in connection with "electricity" the visibility of enterprise size. As market operators, in registered Enterprise name Shi, from comply with honest credit principles and the recognized of commercial moral starting, ought to has on prior well-known trademark and font size be avoid of obligations, but in the electric transformer company in application registration registered Enterprise name Shi, is still will "in the electric" as its Enterprise name in the recognition different market subject core identifies of enterprise font size, and cannot provides its in Enterprise name in the using "in the electric" words of reasonable according to, its subjective Shang obviously has climbed middle school electric electrical company business reputation of deliberately, Objectively so that the relevant public in electric transformer and electric company caused either confusion or error Lenovo, inducing public mistakenly believe that there is a connection between the two. Electrical transformers in use in the registered business name of the company "CLP" font size in violation of China's anti-unfair competition law for acts of unfair competition under article.
due to the registration of enterprise names only in the heads of business area within the limits of the same name, made in electric equipment company size and the same enterprise number. In Internet Shang entered "in the electric", and "in the electric electrical" words appeared mass search results, although true, but in excluded on in the electric electrical company constitute not due competition, and not enough to caused related public on and in the electric electrical company products source produced confusion of case Xia, these related enterprise is not not can using and in the electric electrical company same of font size, and prior right people also right to in original of range within, and to original way production business. When two goods (services) area or when there is a coincidence, the two sides should be based on the principle of honesty and credit of additional identifying and other ways to make the public enough to both goods (services) marks. Therefore, the goodwill of others, fair use "in the" font size, does not mean that the defendant "CLP" behavior does not constitute an infringement of the font size.
on the question of whether you need to order the defendant to stop using the font size. The Supreme People's Court concerning the trial of the registered trademark, business name conflicts with prior rights of civil disputes over article fourth of provisions on several issues, "complained against name infringement of registered trademark rights or constitute unfair competition, the people's Court according to the plaintiff's claim and the circumstances of the case, determine the defendant to stop use, regulating the use of civil liability. "According to the spirit of judicial interpretation of the Supreme People's Court, if a registered business name is not illegal, just highlight the font size of violations of the right to exclusive use of registered trademarks, decisions regulating the use of a business name, stop highlighting behavior is enough to stop the infringing act, no decision to stop using or change of company name. But if improperly the others with high visibility at a registered trademark in the text or font size the same registered business name, apparently while others of goodwill intention, because the registration using the company name itself violates the principle of good faith, therefore, regardless of whether the highlight used to avoid market confusion, decision to stop using or change of company name. In this case, electrical transformer used in the electric company's registered trademark "power" as their size, production and electrical company in the same product, as in the same geographical region, easy to cause mistake, has obvious hitch malice constituted unfair competition and transformers do not stop using the company name is not enough to prevent market confusion. Therefore, for the effective suppression of electric transformer company of acts of unfair competition, electric transformer company in court to stop using "words" Enterprise name.

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