Civil judgment of Fengtai District People's Court of Beijing

    Beijing Fengtai District People's Court

    Written judgment of civil affairs

    (2016) Beijing 0106, No. 8493, Early Republic of China

    Plaintiff: Opai Home Furnishing Group Co., LTD., No. 366, Guanghua 3rd Road, Baiyun District, Guangzhou City, Guangdong Province.

    Legal representative: Yao Liangsong, chairman of the board.

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

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

    Defendant: Beijing Kuntai Wanda Trading Co., LTD., No. 301-579, Floor 3, Building 3, Area 2, Wanfangyuan, Fengtai District, Beijing.

    Legal representative: Zhang Xiangli, General Manager.

    Agent AD litem: Guo Hua, lawyer of Beijing Shangtai Law Firm.

    The plaintiff Opai Home Furnishing Group Co., LTD. (hereinafter referred to as Opai) and the defendant Beijing Kuntai Wanda Trading Co., LTD. (hereinafter referred to as Kuntai Wanda Company) infringed the trademark right dispute. After the court accepted the case, it formed a collegial panel and held a trial in public. Wang Ning, the agent AD litem of Opai, the plaintiff, and Guo Hua, the agent AD litem of Kuntai Wanda, the defendant, attended the proceedings. The case is now closed.

    1. Order the defendant to immediately stop infringing the trademark right of the plaintiff by illegally using the word "opai" in its "opai flagship store" on Tmall network; 2. Order the defendant to immediately stop selling the flower sprinkling that infringes the plaintiff's registered trademark right; 3. Ordered the defendant to compensate the plaintiff for the economic loss and reasonable expenses of safeguarding the rights in this case, totaling 200,000 yuan; The defendant was ordered to bear the costs of the case. Facts and Reasons: The plaintiff is the registered trademark owner of class 11, such as "" and" OPPEIN ". Since its establishment, after decades of painstaking operation, the plaintiff has made "" a household name and well-known brand of household appliances and sanitary ware in China, which has successively won the reputation of" China famous Brand "and" China Well-known Trademark ". In the public mind, "" is not only a representative symbol of the plaintiff's product and business name, but also a significant identification mark indicating the market subject and commodity source of the plaintiff and its affiliated enterprises. In December 2015, the plaintiff found that the defendant used the word "European" prominently on Tmall to sell sanitary ware and kitchen supplies that infringed the plaintiff's registered trademark right. The plaintiff applied for notarization to preserve the evidence. The plaintiff holds that, in order to maintain the good reputation of the "" brand, the defendant intentionally illegally USES the words" "on the online store and sells products that infringe upon the trademark right of the plaintiff. Such behavior infringes upon the exclusive right of the registered trademark of the plaintiff no. 4378572 and has caused great economic loss to the plaintiff, so the defendant shall bear the corresponding legal liability. The plaintiff also filed other trademark registration certificates in this case, but they were only used as evidence in support of the plaintiff's popularity and did not claim any rights.

    The company argues that it does not agree with the plaintiffs' claims. The reasons are as follows: 1. The products sold by the defendant were produced and sold by Hong Kong OPAI Sanitary Ware Industrial Group Co., LTD., which registered the trademark "OPAI" in Hong Kong. The products sold by the defendant did not have the Chinese character "OPAI" on them, but only used the word "OPAI", which did not constitute trademark infringement. After the plaintiff sued, the defendant has taken the initiative to remove the "European faction" logo on the website. Second, according to the evidence that the defendant involved products is through Hong Kong opie bathroom industrial group co., LTD., authorized, even if the defendant sales package of products or have any trademark similar ingredients with the plaintiff, is also the production side of Hong Kong opie bathroom industrial group co., LTD., the defendant is only agent for the sale, not subjective malice, and able to prove their sales of products is legally acquired and can illustrate the provider, so according to the trademark law, the defendant does not constitute infringement. If there is infringement, the tortfeasor is also HongKong Oupai Sanitary Ware Industrial Group Co., LTD., and the defendant is not the appropriate defendant as a seller.

    The parties submitted evidence in accordance with the law, and the court organized the parties to exchange and cross-examine evidence. The court confirms and supports in the volume the evidence that the parties have no objection. In respect of the disputed evidence, the Court finds as follows:

    1. Copy of the Hong Kong Trademark Registration Certificate of "OPAI" submitted by Kuntai Wanda To prove that the products sold by it have obtained the trademark right in Hong Kong, the trademark of "OPAI" can be used. Opai maintains that the above evidence is a copy and therefore does not approve its authenticity. The court believes that Kuntai Wanda Company has not submitted the original evidence, and Opai company does not recognize the authenticity of the evidence, so the court will not accept the evidence.

    2. The Letter of Authorization of Product Sales Agent and The Contract of Product Sales Agent submitted by Kuntai Wanda Are intended to prove that it is the sales agent of "OPAI" products and that the production and manufacturing of the products have nothing to do with it. Opai does not recognize the authenticity, legality and relevance of the evidence, and maintains that the above evidence cannot prove that the products involved are the products agreed in the contract. , we think, according to "the Supreme People's Court about civil action evidence certain provisions set forth in paragraph 2, article 11 of the evidence of the parties to the people's court is formed in Hong Kong, Macao and Taiwan shall perform the relevant identification procedures, quintiles wanda company" product sales agent authorization "evidence submitted, dated stamp for" opie wei yu Hong Kong industrial group co., LTD. ", "product sales agent contract" evidence also shows that the contract party a for the Hong Kong opie bathroom industrial group co., LTD., quintiles wanda opie sanitary ware company in this case report Hong Kong industrial group co., LTD. Is a Hong Kong company, The above two pieces of evidence submitted by him have not been notarized and certified, and there is no evidence to support the formation of the above evidence is not located in Hong Kong, so the court cannot verify the authenticity of the above evidence and will not accept it.

    3, quintiles wanda company submitted by the Hong Kong special administrative region of China entrust notary public and the Hong Kong lawyer certificate and stamped with the justice department commissioned Hong Kong lawyers to deal with the mainland using documents forwarding certificate with the seal of notarization and the enclosed attachments (hereinafter referred to as the certificate of notarial certification and accessories), to prove that opie bathroom industrial group co., LTD is a Hong Kong company registered in Hong Kong, the company has registered trademark "OPAI" in Hong Kong, the flower is aspersed involved commodity production for the company, for the production of the company, commodity packaging, outer packing of product certificate, manual annotation of "Europe" was written in response to the name of the company. Opai does not recognize the authenticity, legality and relevance of the evidence, and claims that the notarial certificate lacks the identity information of a notarial lawyer, and Kuntai Wanda does not provide the charging bill of the notarial certificate, which has nothing to do with this case. We think that the evidence for the original, and the relevance to the case, the company with lack of lawyer identity information and did not provide a charge bill approved by the evidence, there is no legal basis, and has not provide disproof, so our company that claims to Europe will not be believed, the copy of the evidence submitted by the quintiles wanda company acknowledging the authenticity, but will be combined with other evidence to quintiles wanda company according to the evidence that further to determine the facts.

    4, quintiles wanda company submit outbound order, receipt and payment records, is to prove that in the case of goods from Hong Kong opie bathroom industrial group co., LTD., purchase, this case involves the commodity and its packing, entirely by opie bathroom industrial group co., LTD., Hong Kong quintiles wanda company has legitimate sources, in the case does not bear any responsibility. The company for the authenticity, legality, relevance of the above evidence are not recognized, and argues that the outbound order and quintiles wanda company submit notarized certification certificate and outbound order in the attachment, two opie bathroom outbound order in Hong Kong industrial group co., LTD. Seal position is different, so there are one or two of them are fake, and no record prices in the outbound order, does not conform to the common sense. After comparison, the seals and positions of the two delivery orders in the evidence submitted by Kuntai Wanda Are inconsistent. In view of this, the court believes that, in the above evidence, the delivery note is inconsistent with the delivery note in the notarized certificate and the attachment, so the court does not recognize the authenticity of the delivery note. Quintiles wanda company submit payment record for paper printing, is by the Hong Kong chapter opie bathroom industrial group co., LTD., but the recipient and the item no records, the form of evidence does not conform to the often used in business transaction receipt, invoice receiving credentials, such as common and quintiles wanda companies should submit the transfer payment record shows payment vouchers, etc shall be evidence, so our authenticity of the credit records cannot be confirmed, the quintiles wanda company to claim to the fact that we will combine the other documented evidence shall be identified to the case. As for the warehousing entry, the evidence is a paper form with the official seal of Kuntai Wanda Company on it, and the court approves the authenticity of the evidence. However, as the evidence is made and issued by Kuntai Wanda Company, the court will further determine whether it has the certifying power advocated by Kuntai Wanda Company in combination with other evidence.

    Based on the parties' statements and the evidence examined and confirmed, the Court finds the following facts:

    On July 1, 1994, Guangzhou Kangjie Kitchen Equipment Co., Ltd. was established, and then the company successively changed the enterprise name into Guangzhou Oupai cabinet Equipment Co., LTD., Guangzhou Oupai cabinet Enterprise Co., LTD., Guangdong Oupai Group Co., Ltd. and Guangdong Oupai household Group Co., LTD. On August 19, 2013, the company changed its name to Opai.

    On November 15, 2012, Kuntai Wanda Company was established. Its business scope includes selling wujinjiaodian, building decoration materials, metal materials, daily necessities, food cooking utensils, kitchen appliances, toilet appliances, and mechanical equipment.

    On June 7, 2007, Guangzhou Opai Cabinet Enterprise Co., Ltd. was approved to register the trademark no. 4378572 "" on the category 11 commodity, which includes: gas furnace; Microwave oven (kitchen utensils); Electric cooker. Baking utensils (cooking utensils); The faucet; Bathroom fixtures; Disinfect cupboards; Drinking water filter; Lavatory basin (sanitary fittings); Steam bath equipment; Sit in the bath; Bathing equipment; Shower stall; Wash tub; Implement; Kitchen range hoods; The lamp. On March 24, 2014, the name of the trademark registrant was changed to Opai Company. Upon renewal, the trademark registration shall remain valid until June 6, 2027.

    Opie company also has trademark No. 1137521 "" registered in category 11" Kitchen range, gas range; Electric cookers; On goods such as "cold and hot drinking water filters", trademark No. 1128213 is registered in Category 20 "furniture"; Sideboard; Metal furniture; Cupboards; "OPPEIN" trade mark No. 7731876 registered in Category 11 "Dome light" on articles such as "washstand (furniture)"; Ice chest. Kitchen range hoods; The faucet; Bathroom fixtures; Shower equipment; "Toilet" and so on.

    In December 2012, Opai was assessed by China Building Decoration Association kitchen and sanitation Engineering Committee as one of the top 100 Chinese kitchen and sanitation companies in 2012, and the overall kitchen leading enterprises in the top 10. In September 2013, Guangzhou Municipal People's Government awarded Opai the Mayor quality Award of Guangzhou. In January 2015, Opai was awarded the 2014 "Top 10 Innovative Enterprises" and "Top 10 Most Valuable Brands" in guangdong Pan-household industry by Guangdong Home Furnishings Association and Guangdong Furniture Chamber of Commerce. From 2009 to 2015, Opai signed an advertising contract with actress Jiang Wenli, and agreed that Jiang Wenli would act as the spokesperson of opai's cabinets, wardrobes and sanitary ware and perform the advertising production of the cabinets, wardrobes and sanitary ware products produced by Opai. From 2013 to 2015, Opai signed advertising contracts with Beijing On-point Boiling International Advertising Co., LTD., Hunan Radio & TELEVISION Advertising Co., LTD., Zhejiang Zhimei Chewen Advertising Co., LTD., Kashgar Yinsong Cultural Media Co., LTD., etc., to promote the corporate image and its brands.

    According to the tax Payment Certificate submitted by Opai, the actual VAT payment of the company in 2013 was 144789583.77 yuan, 75979899.93 yuan in the first half of 2014, 95009102.68 yuan in the second half, 75202867.43 yuan in the first half of 2015, and 122030667.69 yuan in the second half. According to the Disclosure of Confidential Information concerning Taxpayers and Withholding Agents submitted by OPai, the company paid a total of 42299,278.86 yuan in the first half of 2014, 365,809,907.82 yuan in the second half, 4242,27,001.44 yuan in the first half of 2015, and 30917,096.12 yuan in the second half.

    On December 30, 2015, under the supervision of notary zhang xiuping and notary wang hong of fengcheng notary office in laiwu city, shandong province, Yang jinchao of changping law firm logged on to Tmall by using the computer and searched the online store named "opai flagship store" of the shopkeeper, which was also called "opai flagship store". Click to enter the online store, and check the information of the online store, which shows "company name: Beijing kuntai wanda trading co., LTD" and "shop duration: Tmall 3 years". The business license of the online store operator of Tmall is displayed on the page of "business license information of Tmall". Browse the online store page of "OPAI Flagship Store" and check the "Baby Recommendation". In the product name information under several product pictures, the words "OpAI Sanitary Ware" or "OPAI Sanitary Ware" should be marked first, followed by the specific product name with space space. Click to view the product page of a faucet. The name of the product will be displayed as "All copper single-hole cold and hot single cold faucet on opai bathroom basin table; rotating cold and hot faucet basin with free mail". Accumulated evaluation 131. 264 PCS in stock ", the drop-down page shows the details of the products, and the words "OPAI OPAI" are highlighted in large font in the picture of the products. Click to view a shower shower products page, the commodity name marked as "opai opie bathroom all copper shower shower nozzle can lift shower set headdress flower asperse shower shower nozzle", below the "sales month 1; Cumulative evaluation 57; 268 pieces in stock ". The drop-down page shows the details of the products. The words "Opai Sanitary Ware", "Opai Sanitary Ware in Hong Kong" and "Opai Sanitary Ware in Hong Kong" are highlighted in many pictures of the products. Then, in the online store to place an order to buy the name as "opie bathroom basin stage basin full copper puckering cold heat used by leading rotating hot and cold water tap basin mail" and "opai opie bathroom all copper shower shower nozzle can lift shower set headdress flower asperse shower shower nozzle" two pieces of goods, Tmall generated order number 1512748511667138, according to merchants for the "opai flagship store", real name is "Beijing quintiles wanda trade co., LTD". On January 6, 2015, under the supervision of Notary Zhang Xiuping and notary Wang Hong of Fengcheng Notary Office in Laiwu city, Shandong Province, Yang came to the Yto Express Business Department in Luhuayuan Industrial Park, Laicheng District, Laiwu City, Shandong Province to pick up a piece of goods with good packaging. Subsequently, notaries xiu-ping zhang and notarial personnel wanghong will bring goods back FengCheng notarization in laiwu city in shandong province, Yang today will be on-site unpacking and inspection for the above goods, has assembled a set of flower to asperse number of spare parts, spare parts number to assemble a complete set of faucet, opai sent a product specification, opai opie products a certificate of approval, such as an invoice. Subsequently, the notary office to the above items and express order re-sealed, handed over to Yang Jinzhao custody. On the same day, Yang today in laiwu city in shandong province FengCheng notarization notaries xiu-ping zhang and notarial personnel wanghong, under the supervision of the notary office PC into a web Tmall, in "have buy baby" section, click on the order of Numbers for XXX and name for the purchased "opie bathroom basin stage basin full copper puckering cold heat used by leading rotating hot and cold water tap basin mail" and "opai opie bathroom all copper shower shower nozzle can lift shower set headdress flower asperse shower shower nozzle" two to confirm the delivery of the goods, payment of 577 yuan, then page shows "the deal is successful, The seller will receive your payment (Beijing Kuntai Wanda Trading Co., LTD.) ". For the preservation process of the above evidence, Fengcheng Notary Office of Laiwu City, Shandong Province issued the (2016) Laifeng City Notary Certificate No. 73 (hereinafter referred to as No. 73).

    Notary to buy two pieces of goods that defend bath, shower shower goods pallets positive with larger font with the wording "opie wei yu Hong Kong industrial group", packing box on the post goods pattern with larger font highlighted above the word "Europe", the marks "model: 8606", panel showed a giant "producers: guangdong kaiping shuikou town navigation sanitary hardware factory", the goods are highlighted in bold font on 6 certificate "OPAI opie", the attached installation instructions page each page are highlighted above the wording "OPAI opie". 'OPAI' was printed on the front of the paper packaging box of faucet products, and the words' Oupai Sanitary Ware Industrial Group Co., LTD. (Manufacturing) in Hong Kong 'was printed on the side, and' Manufacturer: Ju Hang Sanitary Ware in Shuikou Town, Kaiping, Guangdong '.

    Opai claims that the company violated its trademark no. 4378572 by using the word "opai" on the packaging, product certificates and instructions of its Tmall flagship store. The case trial, quintiles wanda company for the notarial deed to acknowledge the truth of no. 73, recognized it as Tmall net "opai flagship store" online store operators, notary to buy the goods involved in sales, the company also recognized its online store page publicity is used in the word "Europe", but argues that the goods involved only on the outer packing has the wording "European", no "European" in commodity ontology, on the goods used for "opai" logo, the logo for the Hong Kong opie bathroom industrial group co., LTD. In Hong Kong registered trademarks, and commodity packaging has "European" Chinese label, However, the manufacturer of this product is HongKong Oupai Sanitary ware industrial Group Co., LTD., and Kuntai Wanda Company is just an agent for sales, so the infringement of goods has nothing to do with it.

    Quintiles to trial, wanda company claims the opie wei yu Hong Kong industrial group co., LTD., agent distributor, bought the goods involved department from Hong Kong opie bathroom industrial group co., LTD., submitted by the Hong Kong special administrative region of China entrust notary public and the Hong Kong lawyer certification documents clearly: Hong Kong opie bathroom industrial group co., LTD was incorporated in Hong Kong on January 3, 2011, the nature of the business for the hardware, sanitary ware, sanitary ware, bathroom accessories, bathroom furniture; The sole director and shareholder of the company is Wu Jianbo, whose nationality is Chinese and id number is ×××. Jian-bo wu on June 27, 2016, said a resolution "OPAI8606 products are produced by our company, product packaging is also produced by our company, the models on the label and certificate of" Europe ", is in response to me the name of the company, and is convenient for consumers in mainland China OPAI has a unified standard pronunciation, this company is not clear that there are similar products in mainland China, Chinese characters trademark, the company is willing to follow up whether infringement of trademark rights of others. All documents provided by the Company, such as shipping documents and contracts, are collected, sent and received by the Company, and the Company confirms that all documents submitted to the court, such as shipping documents and contracts, are true." The above notarial document is attached with the warehouse receipt showing "Product name and specification: OPAI Shower 8606", "Unit: Set; Quantity: 10 ", not showing unit price or total amount of goods. After we ask quintiles wanda company in this case in the process of the evidence exchange says it is "opie bathroom in Hong Kong to Hong Kong industrial group co., LTD., replenish onr's stock", said the case after the hearing process "goods is guangdong kaiping warehouse", the other says it is directly to pay cash when you pick up the goods on the spot, but there is no invoice or receipt obtained.

    During the trial of this case, Opie claims that the economic loss and reasonable expenses in its claim amount to RMB 200,000, including notary fee of RMB 700, attorney fee of RMB 8,000, travel expense of RMB 2,000, and the rest amount is economic loss. However, Opie fails to provide relevant evidence for the above expenses.

    The above facts are supported by the statements of both parties, business license, trademark registration certificate, application for registration of change of enterprise name, notarization certificate, advertising contract, tax payment certificate, Notification of Confidential Information involving Tax Payer or withholding Agent, honor certificate, notarized certificate and attachments.

    The court holds that Opai is the registrant of the trademark No. 4378572 "", and that the exclusive right to use the registered trademark enjoyed by opai according to law shall be protected by law during the term of validity of the trademark. Others shall not infringe upon the exclusive right to use the registered trademark.

    A trademark is a mark that distinguishes the source of goods or services. Any commercial mark or symbol that has the function of distinguishing the source of goods or services belongs to a trademark. The use of trademarks means the use of trademarks on commodities, commodity packaging or containers, and commodity trading documents, or the use of trademarks in advertising, publicity, exhibitions and other commercial activities to identify the sources of commodities. According to this case to find out the facts, quintiles wanda company to open "opai flagship store" in Tmall online store used to handle the sale of faucet, shower shower bathroom products, such as in the online store page multiple name of commodity goods publicity pictures and highlighted in "opie wei yu", "opai opie wei yu", "opai opie", "Hong Kong Europe" and "Hong Kong opie bathroom". At the same time, quintiles wanda company shower shower products sold by the outer packing, certification and installation instructions highlighted in "Europe", the wording "OPAI opie", the word "OPAI" and "OPAI" in English letters, "wei" belongs to the commodity type, "Hong Kong", is a place name, and in the Chinese department of the words "European" substantive recognition part, the way for the use of the word "European", enough to make consumers will "European" close ties with the sanitary ware goods, objectively have played an important role to distinguish the source of goods, belong to the use of trademarks.

    Where, without the permission of the trademark registrant, the use of a trademark identical with or similar to its registered trademark on the same kind of goods, or the use of a trademark identical with or similar to its registered trademark on similar goods, which is likely to cause confusion, shall be an act infringing the right to exclusive use of a registered trademark. Any act infringing upon the right to exclusive use of a registered trademark shall be an act infringing upon the right to exclusive use of a registered trademark. In this case, the "European" in Chinese and European companies compared to claim no. 4378572 "" trademark, besides" European "word and simplified to write the difference, call and meaning are consistent, both approximation, and quintiles wanda company involved in online sales of commodities for faucet, shower shower bathroom products, with the plaintiff of the use of a registered trademark approved 11 commodities for similar goods, vulnerable to the relevant public confusion or mistake on the sources of goods, so the quintiles wanda company when the website to use the wording" European "involved in the way of behavior have on the company's registered trademark infringement. At the same time, the outer package, certificate and installation instructions of the goods involved in the case also marked the word "Opai". The goods violated the exclusive right to use the plaintiff's registered trademark, and Kuntai Wanda's selling of the goods involved in the infringement also constituted the infringement of the exclusive right to use the registered trademark of Opai. Therefore, Kuntai Wanda Company should bear the civil liability of stopping the infringement and compensating for the loss for the above behaviors of infringing the trademark right.

    If he sells goods that he does not know to have infringed upon the right to exclusive use of a registered trademark, he shall not be liable for compensation if he can prove that he legally acquired the goods himself and state the supplier. Defense said this case, quintiles wanda company bought the infringing goods department involved from Hong Kong opie bathroom industrial group co., LTD., so it can bear to stop sales of the infringing goods involved in the infringement of the legal responsibility at the same time, whether should bear the liability for compensation, the key lies in whether it knows or should know that it is sales of the infringing goods and the goods has a legitimate source. In this regard, we believe that the duty of care should be obviously higher than that of ordinary consumers and general commodity sellers for those who specialize in the sale of a certain kind of goods with a certain business scale. Comprehensive evidence in the case, can maintain the company has a high market reputation, quintiles wanda company for sales of the infringing goods involved in the "opai flagship store opening in Tmall net, the store opened for a long time, special sale sanitary ware products, and in-store sales is higher, so the quintiles wanda company as fixed a long time in the large electric business platform to open online store seller and specialized in sanitary ware products, for the same products with high market visibility should be known. Besides, quintiles wanda company in trial report its system after Hong Kong opie bathroom industrial group co., LTD., authorized agent sales sanitary ware products distributor, when it ought to be in engaged in specialized industry sales of the goods are sold possibility give necessary attention and review whether there is infringement, and sales of may constitute infringement behavior to be prevented. Though in this case, quintiles wanda company claims that bought the infringing goods department involved from Hong Kong opie bathroom industrial group co., LTD., but in the outer packing, the goods certificate and installation instructions are highlighted in "Europe", quintiles wanda company did not provide evidence to prove that the European sanitary ware industrial group co., LTD. In Hong Kong whether has the right to authorize to use the word "European" for any audit and review, so the quintiles wanda company sales involved infringing goods did not fulfill the reasonable duty of care. As for the source of the infringing goods involved quintiles wanda company successively in the case of goods delivery location statement is differ, in cash after the delivery of payment condition does not accord with market practice, the authenticated by the notary certificate and submitted the attached outbound order not clear product price, including Hong Kong opie bathroom industrial group co., LTD. About "OPAI8606 products are produced by our company" and the expression of the infringing goods packaging involved contained "producers: The information of "Juhangwei Bathroom hardware Factory" in Shuikou Town, Kaiping city, Guangdong province is contradictory. Therefore, the existing evidence of Kuntai Wanda Company is insufficient to prove that the transaction of the infringing goods involved in the case actually takes place. Therefore, the court does not recognize the claim of Kuntai Wanda Company that the infringing goods involved in its sale have a legal source. To sum up, Kuntai Wanda Company knows or should know that the commodities it sells are infringing commodities and the commodities have no legal source, and it shall bear the corresponding civil compensation liability for the sales behaviors involved.

    Kuntai Wanda Company USES the word "Opai" on its website and sells the infringing goods using the word "Opai", which constitutes an infringement of the exclusive right to use the registered trademark of Opai Company, and shall bear the civil liability of stopping the infringement and compensating for the loss according to law. The court supports opai's request for Quentai Wanda to stop the above action involving infringement of the exclusive right of registered trademark. About economic loss compensation, the company failed to proof to prove the loss due to infringement or quintiles wanda company for infringement of interests, we will according to the actual circumstances of the case, considering the company and its trademarks involved in the related industry with high visibility, quintiles wanda companies involved in online store, sold by commodity sales is larger and larger quintiles wanda company involved in tort has the obvious factors such as subjective fault, the compensation determined. The damages claimed by OPie are too high and the Court no longer supports them in full. As for the amount of compensation for reasonable expenses, since Opai company has not submitted relevant evidence for this part of the loss, the court will decide the reasonable cost of its rights protection based on the fact that it has a lawyer to participate in the lawsuit and attend the court hearing, and the case was notarized and preserved.

    To sum up, in our hospital according to "general principles of the civil law of the People's Republic of China" in the first paragraph of the first paragraph of article one hundred and thirty-four and item 7, paragraph 2 of article 57 "trademark law of the People's Republic of China" and the third, and third paragraph of the first paragraph of article sixty-three, article sixty-four of the civil procedural law of the People's Republic of China, the Supreme People's Court about civil action evidence certain provisions prescribed in paragraph 2 of article 11, judgment is as follows:

    I. as of the effective date of this judgment, the defendant Beijing kuntai wanda trading co., ltd. immediately stopped using the word "eu pai" on the online store (Tmall.com "opai flagship store") in the case of infringement.

    2. As of the effective date of this judgment, the defendant Beijing Kuntai Wanda Trading Co., Ltd. shall immediately stop selling the goods involved in the infringement of the registered trademark No. 4378572;

    3. The defendant, Beijing Kuntai Wanda Trading Co., Ltd. shall compensate the plaintiff, Opai Furniture Group Co., Ltd. for the economic loss of 100,000 yuan within 10 days from the effective date of this judgment;

    Iv. The defendant, Beijing Kuntai Wanda Trading Co., LTD., shall compensate the plaintiff, Opai Home Furnishing Group Co., LTD., with a reasonable expense of RMB 5,000 within 10 days from the effective date of this judgment;

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

    If the defendant Beijing Kuntai Wanda Trading Co., Ltd. fails to perform the obligation of payment of money within the period specified in this judgment, it 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.

    The case handling fee of RMB 4,300 shall be borne by Opai Home Furnishing Group Co., Ltd. of RMB 1,300 yuan (already paid) and by Beijing Kuntai Wanda Trading Co., Ltd. of RMB 3,000 yuan (to be paid within 7 days after the effective date of this judgment).

    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 copies of the appeal according to the number of the parties or representatives of the other party, and appeal to the Beijing Intellectual Property Court.

    Chief Judge Wandi

    People's juror Meng Xianggui

    People's Juror Zhou Lingping

    December 27, 2017

    Clerk Lu Cong

    Clerk Du Liang