dazhong.com · poster reporter Cong Ping reporting from Jinan
On April 21, Jinan Intermediate People’s court held a press briefing on the judicial protection of intellectual property rights in the city’s courts and released typical cases. Among them, Luxiang Lantian vehicle urea solution was openly marked with Gree Electric Appliances Inc.Of Zhuhai(000651) logo and advertising words such as “let the world fall in love with made in China”. The court held that the defendant Luxiang automobile company, Luxiang environmental protection company and Beijing Bangcheng company had obvious subjective intention to adhere to the commercial reputation of Gree Electric Appliances Inc.Of Zhuhai(000651) company, constituted unfair competition, stopped infringement and compensated 1 million yuan.
Gree Electric Appliances Inc.Of Zhuhai(000651) company is the owner of Trademark No. 1215686. The products approved for use in the trademark are class 11, including air conditioners, dry cleaners, refrigerators, refrigeration equipment and devices, etc Gree Electric Appliances Inc.Of Zhuhai(000651) company purchased “Luxiang blue sky vehicle urea solution” through notarization, and its outer packing box is marked with Gree logo and words such as “let the world fall in love with made in China” and “from Gree intelligent urea machine”. At the same time, the urea solution is also marked with the manufacturer information of Luxiang automobile company, Luxiang environmental protection company and Beijing Bangcheng company Gree Electric Appliances Inc.Of Zhuhai(000651) company sued the court on the ground that Luxiang automobile company, Luxiang environmental protection company and Beijing Bangcheng company infringed their registered trademark right and constituted unfair competition.
After hearing, the court held that although the sued vehicle urea solution is neither the same nor similar to the air conditioner and other products approved for use in the trademark involved, the trademark involved has been widely known by the relevant public after long-term publicity and use, and should be protected as a well-known trademark. The defendant produced and sold vehicle urea solution with Gree Electric Appliances Inc.Of Zhuhai(000651) logo, misled the public, weakened the specific relationship between the trademark involved and Gree Electric Appliances Inc.Of Zhuhai(000651) company, damaged the interests of Gree Electric Appliances Inc.Of Zhuhai(000651) company and constituted trademark infringement. In addition, the alleged infringing products used “let the world fall in love with made in China” and “from Gree intelligent urea machine” as advertising language, which had obvious subjective intention to adhere to the commercial reputation of Gree Electric Appliances Inc.Of Zhuhai(000651) company and constituted unfair competition. The court ordered the defendant to stop the infringement and compensate 1 million yuan.
