Guangdong University of High Court revised the Ouppi Opera Trademark Infringement Dispute

The declaration site. China News Agency

Zhongxin Net Guangzhou April 22nd (Song is full of Xiaqing Zheng Yinghao) Guangdong Senior People’s Court April 22nd to the Opu Lighting Co., Ltd. v. Guangzhou Hua Sheng Plastic Products Co., Ltd. Trademark and Tort Disputes Re-emergence Huasheng Company was sentenced to 3 million yuan due to malicious infringement of Ou’s trademark rights.

“Op” v. “Opte” lost two lost?

In August 2016, Ope discovered that Huasheng Company sold light products with Opp Team in Alibaba, which seriously infringed their own trademark rights, 遂 遂 法 法,, ask for the right to order each other Stop using the “Opite” trademark on light products immediately, and compensate economic losses and reasonable costs of RMB 3 million.

First, the second instance court believes that Huasheng’s trademark and Ou Jun’s registered trademark does not constitute an approximately, with the attention of the general consumer, so Huasheng does not constitute a trademark infringement and dismiscate all the proceedings.

The Ouhu did not accept the judgment and approve it to the Guangdong High Court.

How to determine the difference between the word logo infringement?

The Guangdong High Court Returified that the Ou Pu Lighting Lighting produced by Ou has been identified as “Guangdong Province’s famous brand products” “China famous brand products” by the provincial and national quality and technical supervision and management departments, and its registered trademark has been identified as “Guangdong Province is famous.” Trademark “China Famous Trademark”. The trademark registered by Ou has a strong significance and a high visibility.

The court believes that the trademark used in the lamp products such as Huasheng Company is different from the euu registered trademark, but the corresponding text “Op” is similar in writing, calling, etc., corresponding to English “Oupute” Similar to the “Opple” in terms of letters, calls, etc., and the pronunciation of Ouhu “Op” trademarks, which makes it approximately trademarks related to Op. In the case of Op, the trademark involved in Ou has a strong sense of significance and higher awareness, Huasheng Company still uses nearly trademarks in the same commodity, which is easy to make consumers believe that the goods have the same source or their origin With close contact, it is easy to confuse and misunderstand the source of commodity sources, which damage the business interests of Op. According to Huasheng Company infringe on the privilege of Ou Company, and the Huasheng Company stopped the infringement.

Why is it to determine 3 million punitive compensation?

What is worth paying is that the case applies to Huasheng Company for punitive compensation.

In October 2011, the Guangdong High Court has been approved in October 2011. Huasheng Company knows that “Opte” trademarks cannot be used on light items, and still register “Opte” trademarks on other products, and then use a large number of lights such as lamp products, and sell a large number of online shopping platforms, and The sales products are also subject to administrative penalties due to unqualified production quality, and it has been negatively evaluated to the commercial reputation of Ou.

广东高院对欧普诉欧普特商标侵权纠纷案再审宣判

According to the Chinese Trademark Law, a punitive compensation can be used for malicious violations of trademark dedicated rights and severe plot. The court believes that Huasheng Company is intended to imitate the operators of the same industry, in order to know that Ou Corporation and its trademarks, it is still intentionally imitated, using multiple trademarks similar to Op-famous trademarks, a lot Production, sales infringement products, and the product quality is unqualified, the subjective malicious malicious malicious malicious malicious, the circumstances are serious, and the punitive compensation should be applied. In accordance with the license fee of the trademark involved, the court determines the base of the compensation, and according to the three times the amount of the above recognition, combined with the claims of the rights, the “punitive compensation” to order Huasheng Company compensation economic losses and A total of 3 million yuan. (Finish)