Civil judgment of Chancheng District People's Court, Foshan City, Guangdong Province

    Chancheng District People's Court, Foshan City, Guangdong Province

    Written judgment of civil affairs

    (2018) Yue 0604, Early Republic of China No. 77

    Plaintiff: Opai Home Furnishing Group Co., LTD., No. 366, Guanghua 3rd Road, Baiyun District, Guangzhou City, Guangdong Province. Unified social credit code ××97C.

    Legal representative: Yao Liangsong, chairman of the board.

    Attorney: Zhai Mingyue, lawyer of Shandong Changping Law Firm.

    Agent AD litem: Wang Ning, lawyer of Shandong Changping Law Firm.

    Defendant: Dong Bin, male, Han Nationality, born on August 24, 1992, residing in Yingcheng city, Hubei Province.

    Defendant: Chen Xinkai, male, Han Nationality, born on February 7, 1989, residing in Longhu District, Shantou City, Guangdong Province.

    Defendant: Zhongshan Bensheng Huasheng Electric Appliance Co., LTD., Tongle 2nd Road, Dongfeng Town, Zhongshan City, Guangdong Province (next to Hualang Electric Co., LTD.). Registration number: 442000000358668

    Legal representative: Chen Fengying.

    Defendant: 914406063039001294(former Guangdong Opai Technology Co., LTD.), domicile: No.313-6, 3rd Floor, 22 Liitang Road, Shangjia, Ronggui Street, Shunde District, Foshan City, Guangdong Province, Registration Number: 440681000543556.

    Legal representative: Li Xingwen.

    Agent AD litem: Liang Zhengping, lawyer of Guangdong Bodao Jujia Law Firm.

    Defendant: Li Xingwen, male, Han Nationality, born on November 8, 1952, residing in Zhongxian County, Chongqing.

    Plaintiff opie household group co., LTD. (hereinafter referred to as the European group) Dong Bin v. the defendant, the defendant Chen Xinkai, the defendant in zhongshan ran sheng hutch defends electric appliance co., LTD. (hereinafter referred to as zhongshan ran cheng), the defendant 914406063039001294 (formerly guangdong opie technology co., LTD.), the defendant xing-wen li the infringement trademark rights and unfair competition disputes, our hospital on January 2, 2018 to begin, we form a collegial panel in accordance with the law, on May 10, 2018 in open trial, plaintiffs opie group of entrusted agent wang ning, Liang Zhengping, the agent AD litem of defendant 914406063039001294 (the former Guangdong Opai Technology Co., LTD.), attended the proceedings in the court. The defendant, Dong Bin, Chen Xinkai, Zhongshan Bensheng and Li Xingwen, were summoned by the court and refused to attend the proceedings without justified reasons. The case is now closed.

    1. The defendant, Zhongshan Bensheng Kitchenware Co., LTD., and the defendant, 914406063039001294 (the former Guangdong Opai Technology Co., LTD.) were ordered to immediately stop infringing the trademark, and to stop labeling the products of gas stoves, range hoods and disinfection cabinets produced and sold by the defendant with the words "You have love and Opai"; 2. Request the defendant, Zhongshan Bensheng Kitchenware Co., LTD., and the defendant, 914406063039001294 (the former Guangdong Opai Technology Co., LTD.), to immediately stop unfair competition and stop labeling "Guangdong Opai Technology Co., LTD." on the products of gas stoves, range hoods and disinfection cabinets produced and sold by them; 3. Order the five defendants to compensate the plaintiff's economic losses and reasonable expenses for safeguarding their rights in this case, totaling RMB 300,000 only; 4. Order the five defendants to bear the costs of the case.

    Facts and reasons: the plaintiff class 11 "" and" OPPEIN "registered trademark, the plaintiff since its inception, after decades of operation, has been" Europe "casting become household names, as is known to all of the country's household, electrical appliances, sanitary ware brand, the brand has won the" Chinese famous brand ", "China well-known trademark", such as reputation, in the public mind, "Europe" has become not only the plaintiff products and on behalf of the symbol of the enterprise name, also become the instructions of the plaintiff and the plaintiff associated enterprises significant recognition of market main body and the sources of identity. In January 2016, the plaintiff found in zhongshan kai king electric appliance co., LTD in taobao opie electrical appliances enterprise shop in guangdong, sales of "guangdong science and technology co., LTD.", "have family love opie" kitchen burning gas, oil absorption, disinfection cabinet, and use the product details page "Europe", for the tort, the plaintiff to apply for notarization for preservation of evidence. After further investigation, the plaintiff found that the above-mentioned gas stove, range hood and disinfection cabinet were made by the defendant 914406063039001294 (the former Guangdong Opai Technology Co., LTD.) under the supervision of Zhongshan Bensheng Kitchen and sanitary Appliances Co., LTD. It is also found that Zhongshan Kaidi Electric Appliance Co., Ltd. has been cancelled, and the shareholders of the company are defendants Dong Bin and Chen Xinkai. To sum up, the plaintiff that the defendant to clings to the plaintiff's enjoyment of the "European" brand reputation, deliberately in the production and sales of products on the illegal use of "European" words, the behavior is not only the infringement of the right to exclusive use of a registered trademark of the plaintiff, and violate the principles of honesty and credit and recognized business ethics, constitutes unfair competition to the plaintiff, caused great economic losses to the plaintiff, shall bear the corresponding legal responsibility. Defendants Dong Bin and Chen Xinkai, as shareholders of Zhongshan Kaidi Electric Appliance Co., LTD., shall bear corresponding legal liabilities to the company after the cancellation of the company. Therefore, the plaintiff, in accordance with the Trademark Law of the People's Republic of China, the Law of the People's Republic of China against Unfair Competition and other relevant provisions, appealed to the court to make a fair judgment in accordance with the law.

    To prove the claim, the plaintiff provides the court with the following evidence:

    1. (2016) The Notarial Certificate of Lai Feng City Certificate No. 347 certifies that the plaintiff has the exclusive right to use the registered trademark No. 4378572.

    2. (2016) The Notarial Certificate of Lai Feng City Certificate No. 350 certifies that the plaintiff has the exclusive right to use the registered trademark No. 1128213.

    3. (2016) Notarial Certificate No. 346 of Laifeng City Certificate, proving that the plaintiff has the exclusive right to use the registered trademark No. 1137521 according to law.

    4. (2016) The Notarial Certificate of Laifeng City Certificate No. 348 certifies that the plaintiff has the exclusive right to use the registered trademark No. 7731876.

    5. (2016) Notarial Certificate No. 352 issued by Fengcheng License, which proves that the plaintiff legally owns the copyright of "" fine art fonts. This work, created on August 10, 1996, is completely consistent with the contents of the registered trademarks No. 4378572, 1128213 and 1137521 of the plaintiff, and also proves that the" "brand of the plaintiff has certain originality and a long history.

    6. The trademark [2009] No. 7 issued by the Trademark Office of the State Administration for Industry and Commerce certifies that the registered trademark "" no. 1128213 enjoyed by the plaintiff was recognized as a well-known trademark by the Trademark Office of the State Administration for Industry and Commerce on April 24, 2009.

    7, (2016), lai FengCheng card people word no. 353 is notarial deed, prove that the plaintiff and the plaintiff brand have high market visibility, content as follows: (1), July 9, 2007, the state administration of quality supervision, inspection and quarantine awarded "China famous brand product certificate", prove that the plaintiff of production European brand household cabinet was awarded "China famous brand product" title. (2) In October 2008, guangdong Provincial Bureau of Quality and Technical Supervision issued the "Guangdong Famous brand Product" certificate, proving that the Oupai brand cabinet produced by the plaintiff was awarded the "Guangdong famous brand Product" title. (3) In February 2008, the Guangdong Province Famous Trademark Certificate issued by the Guangdong Province Famous Trademark Recognition Committee proves that the registered trademark "Opai" No. 1128213 was recognized as a Famous trademark of Guangdong Province in March 2005 and February 2008. (4), in December 2012, China building decoration association kitchen and sanitation engineering committee issued the certificate, proving that the plaintiff in 2012 was rated as "2012 China kitchen and sanitation 100", "overall kitchen leading enterprises top 10". (5) In September 2013, the Guangzhou Municipal People's Government issued the certificate of honor, proving that the quality of the plaintiff company was awarded the "2012 Guangzhou Mayor quality Award". (6), December 28, 2014, certificate issued by the brand watch magazine, prove that the plaintiff's European brand strategy to be included in the "2014 China's annual brand marketing case silver" (7), in January 2015, the guangdong province association of float subsequently, honorary certificate issued by the guangdong furniture chamber of commerce, prove that the plaintiff in 2014 was awarded "top ten most valuable brands". (8) In January 2015, Guangdong Provincial Home Industry Federation and Guangdong Furniture Chamber of Commerce issued the certificate of honor, proving that the plaintiff was awarded "Top 10 Enterprises with Innovation Ability" in 2014.

    8. (2017) The Notarial Certificate of Laifeng City Certificate No. 260 certifies the latest honor of the plaintiff and the plaintiff's brand, which is as follows:

    (1) Guangzhou Famous Trademark Certificate granted by Guangzhou Administration for Industry and Commerce, valid from January 2016 to December 2012, certifying the popularity of plaintiff OPPEIN in sideboards, furniture, range hood and bath equipment.

    (2) In May 2016, the Trademark Brand certificate of China industry awarded by China Industry Trademark Brand Review Committee proves that Opie is elected as the trademark brand of China cabinet industry.

    (3) In May 2016, the Certificate of China top 500 Brand Value granted by the Review Committee of China Top 500 Brand Value, which proves the brand value of Opai.

    9, (2016), lai FengCheng card people word no. 357 is notarial deed, prove that the plaintiff part of pay taxes, prove that "European" brand benefit huge profits, the brand value is extremely high, specific content as follows: (1), the guangzhou baiyun district issued by the state administration of taxation cloud duty five [2014] no. 100014 tax certificate, prove that the plaintiff on January 1, 2013 to December 31, 2013 to the bureau to pay taxes next billion boss thousand hundred suhuang spreading Wan Jiu us $3 and pure Angle and pure. (2) the tax payment certificate no. [2014]100579 issued by the state tax bureau of baiyun district, guangzhou, certifying that the plaintiff paid tax on January 1, 2014 solstice on June 30, 2014 to the bureau seven thousand five hundred and ninety-nine thousand nine hundred and ninety-nine yuan nine cents. (3) the tax payment certificate no. [2015] no. 100174 issued by the state tax bureau of baiyun district, guangzhou, certifying that the plaintiff paid a tax of nine thousand five hundred and nine thousand one hundred and twenty-two yuan sixty-eight cents to the bureau on July 1, 2014 and December 31, 2014. (4) the tax payment certificate no. [2015] no. 101552 issued by the state tax bureau of baiyun district, guangzhou, certifying that the plaintiff paid tax on January 1, 2015 solstice on June 30, 2015 to the tax bureau seven thousand five hundred and twenty-two thousand six hundred and sixty-seven point four. (5) the tax payment certificate no. [2016]100274 issued by the state tax bureau of baiyun district, guangzhou, certifying that the plaintiff paid a tax of twelve million two hundred and thirty-six hundred and sixty-seven yuan nine cents to the tax bureau on July 1, 2015. (6) notice no. 00000724 issued by the tax administration bureau of large enterprises of guangzhou local tax bureau certifies that the plaintiff paid tax of four thousand two hundred and twenty-nine thousand nine hundred and seventy-eight yuan eighty sixty cents to the bureau on January 1, 2014. (7) notice no. 00001248 issued by the tax administration bureau of large enterprises of guangzhou local tax bureau certifies that the plaintiff paid the tax on July 1, 2014 and December 31, 2014 to the bureau, i.e., the tax amount of three thousand six hundred and fifty-eight thousand nine hundred and seventy-two cents. (8) notice no. 00003448 issued by the tax administration of large enterprises of guangzhou local tax bureau certifies that the plaintiff paid tax of four thousand two million four hundred and twenty-seven thousand one hundred and forty cents to the bureau on June 30, 2015 on January 1, 2015. (9) notice no. 00004591 issued by the tax administration bureau of large enterprises of guangzhou local tax bureau certifies that the plaintiff paid tax twenty thousand nine hundred and eighty-one thousand nine hundred and thirty-three yuan forty seven to the bureau on July 1, 2015.

    10. (2016) The Legal certificate of Laifengcheng Ziminzi No. 355, which proves that the plaintiff has carried out continuous publicity for the "Opai" brand through CCTV and Hunan SATELLITE TV, and proves that the "Opai" brand has been widely known by the public and has a high brand value. The specific content is as follows: (1), October 30, 2012, the plaintiff and the Beijing international advertising co., LTD. Signed on time boiling "swap space" domestic outfit funded 2013 cooperation agreement, this agreement is agreed on January 5, 2013 to December 28, 2013, 2 sets in CCTV's "exchange space" propaganda of the plaintiff brand, advertising for wu bai suhuang ten thousand yuan. (2), in July 2014, the plaintiff with hunan, hunan radio and television advertising corporation downwind media television project advertising co., LTD. Signed a contract, the contract on September 28, 2014 to October 12, 2014, in hunan TV's 10th golden eagle festival closing ceremony and awards section is relevant to the plaintiff, brand advertising for above ten thousand yuan. (3) on November 6, 2013, the TV advertisement release contract signed by the plaintiff and zhejiang zhimei auto advertising co., LTD., which stipulates that the plaintiff's brand shall be publicized on CCTV news channel on January 1, 2014 and the advertising fee shall be four thousand four hundred and sixty-three thousand nine hundred and seventy yuan. (4) on November 27, 2014, the sponsorship and cooperation agreement of 2015 "exchange space" home decoration fund signed by the plaintiff and Beijing ontime boiling international advertising co., LTD. The agreement agreed that on April 4, 2015 solstice on March 26, 2016, the plaintiff's brand would be promoted in the second set of "exchange space" column of CCTV, and the advertising fee would be six million yuan. (5) on October 22, 2014, the advertising agency contract signed by the plaintiff and kashgar yinsong culture media co., LTD., the agreement provides that on January 1, 2015, solstice, December 31, 2015, the advertising fee of the plaintiff shall be twenty-three million nine hundred and seventy thousand yuan for promoting the plaintiff's brand on the CCTV news channel.

    11. (2016) The Notarial Certificate no. 356 issued by Lifeng City Certificate, which proves that the plaintiff spent a huge amount of money to hire the star Jiang Wenli to speak for "Europa" products, which further proves that the plaintiff spent a huge amount of money to promote Europa brand.

    April 12, 2011, 21, 22, 25, 26, 28, 29, "linchuan evening news", published on August 26, 2011 issue of the "shenzhen special zone signs up for", on September 20, 2011, published on September 30, anqing daily, published in September 2010 years of the ambry in Shanghai ", published in June 2011, the sales and marketing management edition, published in April 2011 "ruili household", published in April 2014, decorate world magazine, prove that the plaintiff by the print media publicity, "European brand", It also proves that the plaintiff's original advertising slogan of "family, love and Europe" continues to use and publicize.

    13. (2016) Notarial Certificate No. 203 of Laifeng City Certificate No. 435 of Laifeng City Certificate No. 435 (including the infringing material object sealed by the notary office), to prove the tort facts of the defendant.

    14. One notarization fee note. The plaintiff claims 700 yuan in this case, which proves the plaintiff's reasonable expense in safeguarding his rights.

    The court recognizes the authenticity of the evidence provided by the plaintiff as the basis for ascertaining the facts of the case.

    Defendants Dong Bin, Chen Xinkai, Zhongshan Bensheng Kitchen and Bathroom Electrical Appliances Co., LTD and Li Xingwen did not enter a plea. Defendant Dong Bin, defendant Chen Xinkai, defendant Zhongshan Bensheng Huwei Electric Appliance Co., Ltd. and defendant Li Xingwen, after being legally summoned by the court, refused to appear in court to answer the lawsuit without justifiable reasons, which shall be deemed as waiving the right to plead.

    Defendant 914406063039001294 (the former Guangdong Opai Technology Co., LTD.) argued that: We don't agree with the plaintiff filed for, we found after query on the written judgment, 0111 (2017), guangzhou baiyun district court of the no. 321 in the early days of the judgment, the parties is the plaintiff and the defendant zhongshan sheng, this case is also a trademark infringement and unfair competition cases, product is also a kitchen burning gas, in the case of the plaintiff accused of production and sales of the products and similar products, the judgment according to the referenced forensics notarial deed is the infringing products obtain evidence time is in November 2016, in the case of products obtain evidence time is before the time, in January 2016, in the sentence, Baiyun District court about the gas stove product judgment that involves case constitutes tort, give the judgment of compensation of 150 thousand yuan, in this case the plaintiff sues to produce the word that sells gas stove product again is to belong to repeat Sue, in this case, even if the court finds that the defendant infringes, this judgment also ought to give reference. Of the civil rule in writing, in addition we submit is a court case of fosan buddhist the city zone, also is the plaintiff and the defendant zhongshan ran sheng of the case of trademark infringement and unfair competition, in the case the plaintiff and the defendant zhongshan sheng settled, withdraw the prosecution, the specific content of the settlement did not reflect in the written judgment, don't know what is specific the plaintiffs accused of product, but the plaintiff has related products have been repeatedly charged. In addition, the product is not involved with our production and sales, the product is counterfeit our enterprise name and other marks, if the court ruled that the product is for other production sales, also the other defendants shall bear the corresponding responsibilities, we have nothing to do with the case of the infringing products, we do not bear relevant legal responsibility, the site is also involved according to notarial deed is ran zhongshan emperor kay electric company, we are not involved in management or authorize its use related logo, if the site cause infringement to the plaintiff, also shall be borne by the corresponding responsibility, we need not assume legal responsibility.

    Defendant 914406063039001294 (former Guangdong Opai Technology Co., LTD.) provided the following evidence in the lawsuit:

    Foshan Chancheng District People's Court (2017) Yue 0604 Civil Ruling 13199, Guangzhou Baiyun District People's Court (2017) Yue 0111 Civil Ruling 321. That the plaintiff has filed multiple lawsuits for the same product.

    The court confirms the authenticity of the evidence submitted by 914406063039001294 (the former Guangdong Opai Technology Co., LTD.), and makes a comprehensive comment on the relevance of the evidence.

    On the basis of admissible evidence and the parties' statements, the Court ascertained and confirmed the following facts:

    (I) Opie Group, founded on July 1, 1994, is a joint-stock company engaged in furniture manufacturing.

    On June 7, 2007, guangzhou opie ambry enterprise co., LTD., by the state administration for industry and commerce trademark office (hereinafter referred to as the trademark bureau) for approval the registration no. 4378572 "European" registered trademark, shall use commodities for 11 class gas furnace, microwave oven (kitchenware), electric cooker, baking equipment, cooking utensils, faucets, bathroom equipment, disinfect cupboard, water filter, basin of wash one's hands and sanitary equipment (components), steam bath, sitz bath tub and shower equipment, shower cubicle, taking a bath, basin, toilet, kitchen smoke lampblack machine, lamp (as), Registration shall be valid from June 7, 2007 to June 6, 2017 and upon renewal shall be valid until June 6, 2027. On January 6, 2011, the name of the registrant of the trademark was changed to Guangdong Opai Group Co., LTD., and on March 24, 2014, it was changed to Opai Home Furnishing Group Co., LTD.

    In September 2007, Opai cabinet products were rated as China's famous brand by the General Administration of Quality Supervision, Inspection and Quarantine. In October 2008, Opai cabinet products were rated as guangdong famous brand products by Guangdong Quality Supervision Bureau. In February 2008, the plaintiff's trademark no. 1128213 "Opai" was a famous trademark of Guangdong Province on the sideboard and was ×× ×. On April 24, 2009, the trademark "Opai" on the category 20 sideboard goods of the plaintiff was identified as a well-known trademark by the Trademark Office.

    (II) On January 20, 2016, wang Shouzhen, the entrusted agent of the plaintiff, applied to Fengcheng Notary Office in Laiwu city, Shandong Province for evidence preservation. In notarial personnel under the supervision of, and the king kept the chastity notary office computer, bought the shopkeeper in "taobao" website called "emperor kay electric appliance co., LTD." "guangdong opie electrical appliances enterprise shop" online sales of oil absorption, kitchen burning gas, shou-zhen wang in the process of operation related to the relevant page for screenshots, and video to the whole process. On the promised sales page of the above "Guangdong Opai Electric Appliance Enterprise Store" online store, there are the words "Guangdong Opai Technology Co., LTD., Guangdong Opai Official Store", as well as the product introduction of "Guangdong Opai range Hood", "Guangdong Opai embedded gas stove" and so on. The plaintiff purchased a range hood and a gas stove. In the order information of the above products, the seller's real name of "Guangdong Opai Electric Enterprise Store" is Zhongshan Kaidi Electric Appliance Co., LTD. On January 28, 2016, under the supervision of a notary, Wang Shouzhen signed for a cargo labeled "Deppon Logistics" with the words "embedded gas stove" and "near suction type range hood" at no. 208, Wenhe Avenue, Leicheng District, Laiwu City, Shandong Province. Wang Shouzhen opened the two items respectively and took pictures. The carton marked "Embedded gas stove" contains a copy of the OPAICN Guangdong Opai Technology Co., LTD., a anti-counterfeiting quality guarantee card, and a OPAICN gas stove. The carton marked "OPAICN Guangdong Opai Science and Technology Co., LTD" contains a OPAICN hood OPAICN, a copy of the OPAICN manual, and a anti-counterfeiting quality guarantee card. Then the notary staff sealed the above articles with the seal of the notary office, and delivered the sealed articles and logistics documents to Wang Shouzhen for safekeeping. Fengcheng Notary Office of Laiwu City, Shandong Province supervised the above purchase and receiving process, and issued the Notary Certificate of Laifeng City Certificate No. 203 (2016).

    On March 20, 2016, the plaintiff's attorney shou-zhen wang to laiwu city in shandong province FengCheng notary office staff together to dongfeng town, zhongshan city of guangdong province 2 (something motor side) of the pleasure of "rush sheng hutch defends electric appliance co., LTD.", zhongshan city, within the company's office for a staff member of a salesman "Chen Kainian" card and a product brochure, and for the company product exhibition hall, six on location to shoot photos, "Chen Kainian" card for the display of the office telephone 0760-23663855, product brochure showing "have home, have love, have guangdong", And a gas stove, range hood, disinfection cabinet and other products. On March 28, 2016, shou-zhen wang in laiwu city in shandong province FengCheng notary office personnel supervision, and the number is 73 * * * 55 chat QQ users, the user's nickname for: guangdong opie technology co., LTD., note: sheng hutch defends electric appliance: miss Lin, personal description: the company specializing in the production of smoke lampblack machine and other household electrical appliances, electrical 0760-23663855, interested parties please address: Dongfeng town, zhongshan city of 2 eighty-three something motor company side, the pleasure of shou-zhen wang will be on January 20, 2016 in the "guangdong opie electrical appliances enterprise shop" to buy the product "embedded gas burner", "near suction range hood" photos to send to the QQ73 XXX 55 user, the user to confirm the product is for the company in zhongshan sheng hutch defends electric appliance co., LTD. Products, undertake notarization FengCheng notarization in laiwu city in shandong province on the above situation, issued by the word no. 435 (2016) lai FengCheng card people notarial deed.

    It is also found out that Zhongshan Kaidi Electric Appliance Co., Ltd. was established on March 26, 2015 as a limited liability company invested or held by natural persons. The shareholders are defendants Dong Bin and Chen Xinkai in this case. The shareholders' meeting decided to set up a liquidation group on August 12, 2016, and applied for cancellation on October 21, 2016.

    It is also found that Zhongshan Bensheng Co., LTD., with a registered capital of 200,000 yuan, was established on July 21, 2010. Its business scope covers production and sales of kitchen and sanitary ware, range hood ventilator, hardware products, household electrical appliances accessories, stoves, electric kettle and juicer. In addition, Guangdong Opai Technology Co., Ltd. was established on April 30, 2014 as a limited liability company solely owned by natural persons. The shareholder is li Xingwen, the defendant of this case. With a registered capital of RMB 10 million, our business scope covers the research, development, processing, manufacturing and sales of biotechnology products, household appliances, hardware products, electrical accessories, water purification equipment, air water heater, sanitary ware, daily necessities, household products, electrical materials and electronic products. Biotechnology research, development and consultation; Enterprise investment consultation; Domestic trade. Guangdong Opai Technology Co., Ltd. has been ordered by the court to change the enterprise name registration because of other cases that violated the plaintiff's right of enterprise name. The original enterprise registration authority now replaces its unified social credit code 914406063039001294.

    In trial, accuser opened the product that afore-mentioned notarization place buys in court, accuser charges the tort product of this case is lampblack machine and gas stove. Absorption smoke in closed to the labeling is "the home has love is guangdong", the word "European" use special font, highlight special color is used, marked as "guangdong science and technology co., LTD.", "manufacturers run sheng hutch defends electric appliance co., LTD." and other words, on the product warranty card, and lampblack machine was labeled "guangdong science and technology co., LTD." and "zhongshan ran sheng hutch defends electric appliance co., LTD.", "the home has love is guangdong", scanning warranty card show "what you buy is guangdong science and technology co., LTD., the real products". In sequestration of kitchen burning gas on product packaging, labeling "have family love guangdong", "European" USES the special font, highlight special color is used, and the word "guangdong opie technology co., LTD.", marking the information such as the fax and oil absorption labeling information is consistent, in the product manuals, warranty CARDS, security certification and product panel, labeled "guangdong science and technology co., LTD.", "the home has love is guangdong", "zhongshan ran sheng hutch defends electric appliance co., LTD." and other words, the annotation "the home has love is guangdong", "European" feature, belong to the trademark infringement behavior, The labeling of Guangdong Opai Technology Co., Ltd. violates the principle of good faith, infringes on the name of the plaintiff, and constitutes unfair competition. Regarding the online shop of the case operated by Zhongshan Kaidi Electric Appliance Co., LTD., it is a trademark infringement to sell the products of the case by using the words "Opi" in a large number.

    The 914406063039001294 European technology co., LTD. (formerly guangdong) think of two products packaging manufacturers and product manual tagging is the defendant zhongshan ran sheng company and ran sheng company information such as address, phone, fax, not their business information, product is marked on the guangdong opie technology co., LTD. Producer, but with our rush shing company, there is no supervision relationship between the kitchen burning gas production time is involved in January 15, 2016, It is before the time of judgment (2017) by The People's Court of Baiyun District, Guangzhou City (Yue0111 early Republic of China No. 321) provided by the defendant 914406063039001294 (the former Guangdong Opai Technology Co., LTD.), the infringement behavior of the gas stove has been recognized in the judgment and should not be evaluated repeatedly in this case. Neither of the two products involved in the case were manufactured by us. They were counterfeit products and had nothing to do with us.

    The court holds that this case is a case of infringement of trademark rights and unfair competition disputes. The plaintiff is the holder of the exclusive right to use the registered trademark No. 4378572. Until the occurrence of the lawsuit in this case, the registered trademark is still in validity, and the exclusive right to use the trademark involved in the case enjoyed by the plaintiff shall be protected.

    On whether the defendants constitute trademark infringement and unfair competition.

    First of all, according to the materials of Zhejiang Taobao Network Co., LTD., the real name of "Guangdong Opai Electric Appliance Enterprise Store" is Zhongshan Kaidi Electric Appliance Co., LTD., and the word "Opai" is widely used in the promotion of the online store, which is similar to the registered trademark of plaintiff No. 4378572. No. 4378572 registered trademark in the 11th category of goods is approved for use including kitchen range hood, gas stove, etc., and the case is accused of infringement products for the household range hood and gas stove, both belong to the same kind of goods. Therefore, the court finds that Zhongshan Kaidi Electric Appliance Co., Ltd. has violated the trademark right of the plaintiff. "Guangdong opie electrical appliances enterprise shop" online at the same time of the promise of the sales page, there are "set guangdong science and technology co., LTD., guangdong official shop" words and "guangdong opie oil absorption", "guangdong opie embedded gas burner", and other products is introduced and is accused of infringement by its product sales, zhongshan emperor kay electric appliance co., LTD. Of the above behavior is enough to make the relevant public to mistake the sales is accused of infringement product associated with the plaintiff's products, constitute a misleading ACTS of unfair competition, shall bear tort liability.

    Second, the product outer packing mark have involved "the home has love is guangdong", the word "European" use special font, highlight special color is used, marked as "guangdong science and technology co., LTD.", "manufacturers run sheng hutch defends electric appliance co., LTD." and other words, on the product warranty card, and lampblack machine was labeled "guangdong science and technology co., LTD." and "zhongshan ran sheng hutch defends electric appliance co., LTD.", "the home has love is guangdong", scanning warranty card show "what you buy is guangdong science and technology co., LTD., the real products", in the case of no other contrary evidence, It can be concluded that the accused infringing products are produced by defendant Zhongshan Bensheng and Defendant 914406063039001294 (the former Guangdong Opai Technology Co., LTD.). "Europe" is the font size in the plaintiff opie group enterprise name, the plaintiff opie group is the domestic famous furniture production enterprise, on the 20th of the sideboard, "European" trademark by the trademark office as a well-known trademark, the enterprise also won many honors, such as China's brand-name products, famous trademarks of guangdong province, 2012 China top hutch defends, whole kitchen top ten leading enterprises, 2012 guangzhou mayor quality prize, 2014 guangdong household field top ten most valuable brands, innovation ten strong enterprise honorary title, and in the CCTV, hunan TV station and a variety of print media for advertising, It can be seen that the "Opai" series products and the "Opai" name of the plaintiff Opai Group have a high popularity in the whole country and are known by the relevant public, which belong to the "enterprise name" stipulated in article 5 (3) of the Anti-Unfair competition Law. The prior rights enjoyed by the plaintiff Eurogroup are protected by the General Provisions of the Civil Law of the People's Republic of China and the Law of the People's Republic of China against Unfair Competition. Accused of infringement product outer packing mark is "the home has love is guangdong", "guangdong opie technology co., LTD.", combining with the plaintiff and its brand, advertising language awareness, etc., can make the relevant public to mistake the defendants zhongshan ran sheng and 914406063039001294 European technology co., LTD. (formerly guangdong) production and sales of accused of products with the plaintiff's company production and sales of products, constitute ACTS of unfair competition. Defendant 914406063039001294 (the former Guangdong Opai Technology Co., LTD.) raised the opinion that the product involved was counterfeit of its enterprise name and the court would not accept it.

    Concerning the civil liabilities to be borne by the defendants.

    Zhongshan Kaidi Electric Appliance Co., Ltd. is a limited liability company invested or held by natural persons. The shareholders of the defendant Dong Bin and the defendant Chen Xinkai applied for cancellation on October 21, 2016, so their tort liability is borne by the defendant Dong Bin and the defendant Chen Xinkai. In this case, the defendant Zhongshan Bensheng and the defendant 914406063039001294 (the former Guangdong Opai Technology Co., LTD.) have the joint intention of carrying out unfair competition, constituting joint infringement, and shall bear joint liability for compensation to the plaintiff. Article 8 of the Tort Liability Law of the People's Republic of China stipulates that if two or more persons jointly commit a tort and cause damage to another person, they shall bear joint liability. The defendant 914406063039001294 (formerly guangdong opie technology co., LTD.) is a natural person wholly-owned limited liability company, the shareholders for the case of the defendants xing-wen li, according to the provisions of article sixty-three of the "company law of the People's Republic of China, of a one-person limited liability company shareholders cannot prove the company property independent of his own property, shall be jointly and severally liable to the company's debts. The defendant Li Xingwen failed to provide evidence to prove that the property of the defendant 914406063039001294 (the former Guangdong Opai Technology Co., LTD.) is independent of his personal property and should bear the adverse consequences of failing to provide evidence. Therefore, the defendant Li Xingwen should bear joint liability for the above-mentioned debt of the defendant 914406063039001294 (the former Guangdong Opai Technology Co., LTD.). According to the provisions of Paragraph 1 and Paragraph 3 of Article 63 of the Trademark Law of the People's Republic of China, "The amount of compensation for the infringement of the exclusive right to use a trademark shall be determined according to the actual loss suffered by the right holder due to the infringement; Where the actual loss is difficult to determine, it may be determined in accordance with the profits the infringer has gained from the infringement; Where it is difficult to determine the losses of the right holder or the profits of the infringer, a reasonable multiple of the licensing fee for the trademark shall be determined by reference to the said trademark. If it is difficult to determine the actual losses suffered by the obligee as a result of the infringement, the interests gained by the infringer as a result of the infringement, or the licensing fee of the registered trademark, the people's court shall, in light of the circumstances of the infringing act, make a judgment to compensate the obligee not more than THREE million yuan ". At the same time, article 17 of the Anti-Unfair Competition Law stipulates that if a business operator violates the provisions of this Law and causes damage to the injured business operator, it shall be liable for damages. If it is difficult to determine the actual losses suffered by the obligee as a result of the infringement or the benefits gained by the infringer as a result of the infringement, the people's court shall, on the basis of the circumstances of the infringing act, make a judgment to pay compensation of not more than three million yuan. The actual loss the plaintiff to the case and the defendant of the illegal income derived therefrom are not sure, we consider the reputation of the plaintiff's popularity, integrated the infringement of the defendant's subjective intent, plot, business scale, is accused of infringement product sales, and other factors, Dong Bin control-determine the defendant and the defendant Chen Xinkai common compensate the plaintiff for the economic loss of 40000 yuan, the defendant zhongshan ran from the plaintiff compensation for the economic losses of RMB 100000 yuan, the 914406063039001294 European technology co., LTD. (formerly guangdong), the defendant xing-wen li zhongshan rush to the defendant should bear the liability for compensation shall be jointly and severally liable. The above compensation amounts have included the reasonable expenses incurred in the case.

    In accordance with the provisions of Article 120 of the General Provisions of the Civil Law of the People's Republic of China, where a civil right is infringed, the infringed shall have the right to request the infringer to bear the liability for tort, to demand that the infringement be stopped and to compensate for the loss. Therefore, the court shall support the plaintiff's request for the defendant to stop the infringement.

    In conclusion, in accordance with the law of the People's Republic of China on the general civil law "article one hundred and twenty, article 8 of the tort liability law of the People's Republic of China, the law of the People's Republic of China company law article sixty-three, article 56 of the" trademark law of the People's Republic of China, paragraph 2 of article 57, paragraph 1 of article sixty-three, the law of the People's Republic of China against unfair competition law "article 6, paragraph 1 of article 2, subparagraph (a), the article 17 and article sixty-four of the civil procedural law of the People's Republic of China, the provisions of article one hundred and forty-four of the judgment by default is as follows:

    1. Defendant Zhongshan Bensheng Kitchen and Sanitary Appliances Co., LTD., defendant 914406063039001294 (the former Guangdong Opai Technology Co., LTD.) immediately stopped the production and sale of range hood and gas stove products containing the words "You have love and Guangdong Opai" and "Guangdong Opai Technology Co., LTD." on the effective date of this judgment;

    2. Within 10 days from the effective date of this judgment, the defendant Dong Bin and the defendant Chen Xinkai shall jointly compensate the plaintiff Opai Home Furnishing Group Co., LTD for the economic loss of RMB 40,000 yuan (including the reasonable expenses paid by the plaintiff Opai Home Furnishing Group Co., LTD to stop the infringement in this case);

    3. The defendant, Zhongshan Bensheng Huasheng Electric Appliance Co., Ltd. shall, within 10 days from the effective date of this judgment, compensate the plaintiff, Opai Home Furnishing Group Co., LTD., for the economic loss of 100,000 yuan (including the reasonable expenses paid by the plaintiff, Opai Home Furnishing Group Co., LTD., to stop the infringement in this case);

    Iv. Defendant 914406063039001294 (former Guangdong Opai Technology Co., LTD.) is jointly and severally liable for the compensation liability borne by defendant Zhongshan Bensheng Huwei Electric Appliance Co., LTD., in the third judgment, and defendant Li Xingwen is jointly and severally liable for the above-mentioned debt borne by defendant 914406063039001294 (former Guangdong Opai Technology Co., LTD.);

    V. Rejecting other claims of the plaintiff opai Furniture Group Co., LTD.

    If the defendant fails to perform his pecuniary obligation within the period specified in this judgment, he shall, in accordance with Article 253 of the Civil Procedure Law of the People's Republic of China, pay double interest on the debt for the delayed period.

    5800 yuan, the fees for accepting the case shall be borne by the plaintiff opie household group co., LTD. 1800 yuan, jointly by the defendant Dong Bin and the defendant Chen Xinkai burden of 1500 yuan, shall be borne by the defendant in zhongshan ran sheng hutch defends electric appliance co., LTD. 2500 yuan, the 914406063039001294 European technology co., LTD. (formerly guangdong) to the defendant, the defendant xing-wen li zhong shan ran sheng hutch defends electric appliance co., LTD. Jointly and severally paid should pay the fees for accepting the responsibility.

    If you are not satisfied with this judgment, you may, within 15 days from the date of serving the judgment, file an appeal to the court, and make a copy according to the number of the other party, and appeal to the Intermediate People's Court of Foshan, Guangdong.

    Chief Judge Wu Zhanhong

    People's Juror Ho Shao-li

    People's Juror Li Ruifen

    September 8, 2008

    Clerk Shao Hangsheng