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

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

    Written judgment of civil affairs

    (2016) No. 2159 of Yue 0606, Early Republic of China

    Plaintiff Guangdong Midea Living Electric Appliance Manufacturing Co., LTD., domicile place: Shunde District, Foshan City, Guangdong Province.

    Legal representative Fang Hongbo, the company's chairman.

    Entrusted agent Zhai Mingyue, lawyer of Shandong Changping Law Firm.

    The defendant is Li Shuai, male, Han Nationality, residing in Xiuzhou District, Jiaxing City, Zhejiang Province.

    The plaintiff guangdong Mimei Living Electric Appliance Manufacturing Co., Ltd. sued the defendant Li Shuai for trademark infringement dispute. After the court accepted the case, it formed a collegial panel according to law and held the trial in public session on April 8, 2016. Zhai Mingyue, the authorized agent of The plaintiff Guangdong Midea electric appliance manufacturing Co., Ltd. and Li Shuai, the defendant, attended the lawsuit. The case is now closed.

    The plaintiff, Guangdong Midea Living Appliance Manufacturing Co., LTD., claims that the plaintiff is midea, the 11th class.

    ""

    "And the relevant right holder of a registered trademark. After years of publicity and use in the market, "Midea" series of trademarks has become a household name and well-known brand in China. This brand has won the reputation of "China famous trademark" and "Guangdong famous trademark" successively, and "Midea" series products are deeply loved by consumers.

    In December 2015, the plaintiff found that the defendant had sold suspended ceiling lights and ventilation fans that infringed the plaintiff's trademark right in the store on Taobao.com. The store was also named "Midea Kitchen and Bathroom Integrated suspended Ceiling Store". The plaintiff entrusts a notary office to preserve evidence for the above infringement. The plaintiff believes that the defendant's behavior of selling suspended ceiling lights and ventilation fans that infringe upon the plaintiff's trademark right and using the plaintiff's registered trademark in the name of the online store infringes upon the plaintiff's exclusive right to use the registered trademark and has caused huge economic losses to the plaintiff, so the defendant shall bear the corresponding legal liability. Therefore, the plaintiff sues the court for judgment against the defendant: 1. Immediately stop selling the suspended ceiling lights and ventilation fans that infringe upon the plaintiff's right to exclusive use of the registered trademark, and destroy the inventory; 2. 2. Immediately stop using the plaintiff's registered trademark in the name of the store; Iii. Compensation for the plaintiff's economic losses and reasonable expenses for safeguarding their rights totaled RMB 200,000 yuan; Iv. Bear the costs of the case.

    At trial, the plaintiff makes it clear in the case that the defendant violated No. 1523735.

    No. 1523737

    ", 1921557"

    ", No. 5478887"

    ", No. 5478888"

    ", No. 6765872"

    Exclusive right to use a registered trademark.

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

    Written judgment of civil affairs

    (2016) No. 2159 of Yue 0606, Early Republic of China

    Plaintiff Guangdong Midea Living Electric Appliance Manufacturing Co., LTD., domicile place: Shunde District, Foshan City, Guangdong Province.

    Legal representative Fang Hongbo, the company's chairman.

    Entrusted agent Zhai Mingyue, lawyer of Shandong Changping Law Firm.

    The defendant is Li Shuai, male, Han Nationality, residing in Xiuzhou District, Jiaxing City, Zhejiang Province.

    The plaintiff guangdong Mimei Living Electric Appliance Manufacturing Co., Ltd. sued the defendant Li Shuai for trademark infringement dispute. After the court accepted the case, it formed a collegial panel according to law and held the trial in public session on April 8, 2016. Zhai Mingyue, the authorized agent of The plaintiff Guangdong Midea electric appliance manufacturing Co., Ltd. and Li Shuai, the defendant, attended the lawsuit. The case is now closed.

    The plaintiff, Guangdong Midea Living Appliance Manufacturing Co., LTD., claims that the plaintiff is midea, the 11th class.

    ""

    "And the relevant right holder of a registered trademark. After years of publicity and use in the market, "Midea" series of trademarks has become a household name and well-known brand in China. This brand has won the reputation of "China famous trademark" and "Guangdong famous trademark" successively, and "Midea" series products are deeply loved by consumers.

    In December 2015, the plaintiff found that the defendant had sold suspended ceiling lights and ventilation fans that infringed the plaintiff's trademark right in the store on Taobao.com. The store was also named "Midea Kitchen and Bathroom Integrated suspended Ceiling Store". The plaintiff entrusts a notary office to preserve evidence for the above infringement. The plaintiff believes that the defendant's behavior of selling suspended ceiling lights and ventilation fans that infringe upon the plaintiff's trademark right and using the plaintiff's registered trademark in the name of the online store infringes upon the plaintiff's exclusive right to use the registered trademark and has caused huge economic losses to the plaintiff, so the defendant shall bear the corresponding legal liability. Therefore, the plaintiff sues the court for judgment against the defendant: 1. Immediately stop selling the suspended ceiling lights and ventilation fans that infringe upon the plaintiff's right to exclusive use of the registered trademark, and destroy the inventory; 2. 2. Immediately stop using the plaintiff's registered trademark in the name of the store; Iii. Compensation for the plaintiff's economic losses and reasonable expenses for safeguarding their rights totaled RMB 200,000 yuan; Iv. Bear the costs of the case.

    At trial, the plaintiff makes it clear in the case that the defendant violated No. 1523735.

    No. 1523737

    ", 1921557"

    ", No. 5478887"

    ", No. 5478888"

    ", No. 6765872"

    Exclusive right to use a registered trademark.

    After trial, it was found that the original Guangdong Midea Electric Appliance Co., Ltd. was No. 1523735.

    No. 1523737

    ", 1921557"

    ", No. 5478887"

    ", No. 5478888"

    ", No. 6765872"

    "And other registered trademark rights. Trade marks no. 1523735 and 1523737 shall be valid for registration from February 14, 2001 to February 13, 2021 and shall be approved for use in categories 11, including electric rice cookers, water heaters, electric fans, ventilation fans, etc. Trademark no. 1921557 shall be valid for registration from 7 August 2003 to 6 August 2023 and shall be approved for use in class 11, including lamps, chandeliers, fluorescent lamps, etc.; The term of validity of trademark no. 5478887 and 5478888 shall start from June 14, 2009 and solstice on June 13, 2019, and the approved goods shall be in category 11, including water heaters and ventilators; The registered trademark no. 6765872 shall be valid from June 28, 2010 to June 27, 2020 and shall be approved for use in class 11, including lamps, lighting apparatus and devices, ventilation fans, etc. The original guangdong midea electric appliances co., LTD., was born on January 1, 2013, with the trademark authorization, permits the plaintiff to use its all, including the trademark, registered trademark, and a clear mandate the plaintiff shall have the right in its own name alone lawsuit against behavior violate the trademark rights, mandate since January 1, 2013 to 31 December 2015. On September 13, 2014, the above registered trademark was transferred to Midea Group Co.,Ltd., which also issued the trademark authorization letter, continued to license the plaintiff to use the above trademark and expressly authorized the plaintiff to file a lawsuit against the infringement of the above trademark right in its own name. On December 15, 2015, Midea Group Co., ltd. issued a trademark authorization letter, continued to license the plaintiff to use the said trademark and expressly authorized the plaintiff to file a lawsuit against the infringement of the said trademark right in its own name. The authorization period starts from January 1, 2016, solstice, December 31, 2016.

    On January 5, 1999, the registered trademark of The former Guangdong Midea Group Co.,Ltd., "Midea and Tu", was rated as a well-known trademark by the State Trademark Office on the products of air conditioners and fans. Midea Group Co.,Ltd.

    The registered trademark has been awarded as "Famous trademark in Guangdong Province" for many times since January 2002. In 2012, "Midea" brand was rated by Hurun Report as "The most valuable Household appliance brand in China and the most valuable Private brand in China". In October 2014, Midea was evaluated by Beijing Famous Brand Asset Appraisal Co., LTD (R&F Global ranking) with a value of 68.315 billion yuan.

    (2015) According to the notarial certificate No. 9232 of Tianjin Teda Certificate, on December 1, 2015, wang Shouzhen, the authorized agent of the plaintiff, applied to Tianjin Teda Notary Office for notarization of evidence preservation. On that day, under the supervision of a notary and a notary, Wang shouzhen used the notary office to connect to a computer connected to the Internet, In taobao "mirage" opened "hutch defends integration ceiling of beauty shop" shop within the choose and buy the key word for "integration ceiling of beauty aluminous gusset plate lamp 30 * 60 ultra-thin led lamp lighting the kitchen absorbs dome light toilet bag mail", "integration ceiling fan of beauty slim 9 cm30 * 30 toilet exhaust fan exhaust fan suction a top bag mail", "integration ceiling light led flat light led panel light of beauty led hutch defends light kitchen lamp aluminous gusset plate embedded" rectangle ceiling lamp, ceiling lamp, square each a ventilator, after payment, Taobao.com generated three orders with order Numbers of 1289496554054885, 1289496554064885 and 1289496554054885 (after the order is generated, the nickname is displayed: Global Golden Palace, and the real name is Li Shuai). Ms. Wang videotaped the entire operation and took screenshots of some of the pages (saved as Word files). Afterwards, the notary and notary supervised Wang Shouzhen to print the above screenshot number in triplicate, and burn the above video file and Word file on CD in triplicate. On December 7, 2015, under the supervision of notaries and notaries of the notary office, Wang Shouzhen came to the business department of zto Express in the yard of no. 100 Jianshan Road, Hexi District, Tianjin city, picked up a piece of goods (the tracking number is 761687478005) with good packaging, and took a photo of the external scene of the business department. Shou-zhen wang will bring the goods back hexi district of tianjin youyi road to add 5 hanting hotel chain a layer of conference rooms, the outer packing of goods in the first photograph took photos (two copies), and then open the outer packing, there is a "beautiful midea" rectangle ceiling lamp, ceiling lamp, square fan each a single piece and delivery, shou-zhen wang scene photos (photo 10). The notary and notary staff shall supervise Wang Shouzhen to repackage the above goods and affix seals of Tianjin Teda Notary Office. The sealed goods shall be taken photos by Wang Shouzhen and kept. On December 14, 2015, under the supervision of the notary office notary and notary staff, Wang Shouzhen used the computer connected to the Internet at the notary office to click "Check Logistics" and "Order Details" in the column of "My Treasure bought on Taobao" on Taobao.com. To buy keywords as "integration ceiling of beauty aluminous gusset plate lamp 30 * 60 ultra-thin led lamp lighting the kitchen absorbs dome light toilet bag mail", "integration ceiling fan of beauty slim 9 cm30 * 30 toilet exhaust fan exhaust fan suction a top bag mail", "integration ceiling light led flat light led panel light of beauty led hutch defends light kitchen lamp aluminous gusset plate embedded" rectangle ceiling lamp, ceiling lamp, square fan orders for browsing (shou-zhen wang browsing in the process of using "ali wangwang" and sellers "universal mirage" the text dialogue, And logged on the "Zto Express" website to check the tracking record of the tracking number 761687478005). Ms. Wang videotaped the entire operation and took screenshots of some of the pages (saved as Word files). Afterwards, the notary and notary supervised Wang Shouzhen to print the above screenshot number in triplicate, and burn the above video file and Word file on CD in triplicate. The plaintiff paid 900 yuan for the notary fee.

    The photos, webpage screenshot and sealed goods attached to the above (2015) Jinteda Certificate No. 9232 notarial Certificate show that the shop name "Midea Kitchen and Bathroom Integrated Ceiling Shop" is marked with"

    "Identity; Commodity name as "integration ceiling of beauty aluminous gusset plate lamp 30 * 60 ultra-thin led lamp lighting the kitchen absorbs dome light toilet bag mail" the ceiling lamp of the unit price is 128 yuan, total review 77, 220, clinch a deal the record commodity name for "integration ceiling fan of beauty slim 9 cm30 * 30 toilet exhaust fan exhaust fan suction a top bag mail" of the fan unit price is 129 yuan, total review 223, 597, clinch a deal the record commodity name for "integration ceiling light led flat light led panel light of beauty led hutch defends light lights aluminous gusset plate embedded kitchen," the ceiling lamp of the unit price is 68 yuan, total review, 162, Transaction records 893; Notarization storage goods have zhongtong express a single piece (single number is 761687478005), the large carton packaging "integration ceiling" a box (a ceiling lamp, driving power supply a rectangle, a specification, after-sales service warranty card two copies), smaller carton packaging "integration ceiling" a box (a fan a, after-sales service guarantee card a, single delivery) and carton packaging led flat light a box (a square ceiling lamp one, driving power supply), the outer packing and ceiling lamp, fan products are marked"

    "Logo, the outer packing boxes of the two ceiling lights are also marked with the words" Midea · Healthy Sunshine Ceiling ", and the circuit diagram, certificate of qualification, drive power supply, manual and after-sales service warranty card of the ceiling lights and ventilation fans are all marked with the words"

    "Logo, above the outer packing boxes are marked with" Guangdong Midea kitchen and sanitary appliances Manufacturing Co., LTD. "words. The express number of the goods signed by the plaintiff's agent Wang Shouzhen on December 7, 2015 is 761687478005, the same as the logistics waybill number of the rectangular ceiling light, square ceiling light and ventilation fan purchased from the online store "Midea Kitchen and Bathroom Integrated Ceiling Shop" on Taobao.com on December 1, 2015.

    During the trial, after comparison, the plaintiff believed that the outer packing boxes of the suspended ceiling lights of the products accused of infringement and the"

    "Logo and No. 6765872"

    ", 1921557"

    "The registered trademark is similar in composition, and the"

    "Logo and No. 6765872"

    The registered trademark is similar to that of the hanging ceiling lamp. The words "Mimei · Health sunshine Ceiling" are marked on the outer packing box of the hanging ceiling lamp, and the words "No. 1523735, 5478887"

    "The composition of a registered trademark is similar to that of No. 1921557"

    "The registered trademarks shall be the same; The outer packing boxes of the ventilation fans of the accused products and the"

    "Identification, and No. 1523737, 5478888"

    "Same as registered Trademark No. 1523735, 5478887"

    "Similar to the registered trademark, the circuit diagram, certificate and drive power supply, manual, after-sales service warranty card on the ventilator products"

    Identification number 1523735, 5478887

    "Same as registered trademark No. 1523737, 5478888"

    The similarity of the registered trademark infringes upon the plaintiff's right to exclusive use of the said registered trademark. The plaintiff also accused midea of using the word "Midea" in its name and "Midea" next to its name.

    "Logo, and No. 1523735"

    No. 1523737

    ", 1921557"

    ", No. 5478887"

    ", No. 5478888"

    ", No. 6765872"

    The registered trademarks are identical or similar, which infringes upon the right to exclusive use of the said registered trademarks. The defendant confirmed that the suspended ceiling lights and ventilation fans of the products accused of infringement were its sales, and had no objection to the words, signs and comparison of opinions accused by the plaintiff.

    The plaintiff thinks is accused of infringement product ceiling lamp, fan are counterfeit registered trademark of the plaintiff, the reason is that on the outer packing of goods does not product model, with the manufacturer of the "guangdong midea hutch defends electric appliance manufacturing co., LTD.", though the plaintiff associated company, but the company never production ceiling lamp, fan, but the plaintiff another associated company.

    The plaintiff claims 200000 yuan of economic losses and reasonable expenses in combination with the plaintiff's brand awareness to protect their rights, infringement of the defendant's subjective malicious big, sales amount (calculated on store display sales, unit price, is accused of infringement product sales amounted to 165897 yuan) and spending notarial cost, purchase is accused of infringement product cost factors, such as by a court for discretion.

    The Court holds that the plaintiff is No. 1523735.

    No. 1523737

    ", 1921557"

    ", No. 5478887"

    ", No. 5478888"

    ", No. 6765872"

    "The licensee of a registered trademark, and the trademark registrant specifies in the power of attorney that the plaintiff may bring a lawsuit in his own name against the infringement of the said registered trademark, so the plaintiff is the eligible subject of this case. The exclusive right of the above-mentioned registered trademark shall be protected by law during the effective period of registration. The dispute issues in this case are analyzed as follows:

    1. Whether the defendant's behavior infringes upon the plaintiff's right to exclusive use of a registered trademark.

    (1) Using a trademark identical with a registered trademark on the same kind of goods without the permission of the trademark registrant; (2) using a trademark similar to its registered trademark on the same kind of goods or using a trademark identical with or similar to its registered trademark on similar goods without the permission of the trademark registrant, which is likely to cause confusion; (3) selling commodities that infringe upon the right to exclusive use of a registered trademark; ... ."

    Case No. 1523735"

    No. 1523737

    ", No. 5478887"

    ", No. 5478888"

    "Goods approved for use with a registered trademark include ventilation fans, No. 1921557"

    "Goods approved for use in a registered trademark include lamps, No. 6765872"

    The goods approved for use in a registered trademark include lights, lighting devices and ventilators. The circuit diagram, certificate and drive power supply of the suspended ceiling lamp of the accused product, the instruction manual and the warranty card of after-sales service marked "?

    "Logo", the words "Mei" in "Midea · Healthy Sunshine ceiling" marked on the outer packing boxes of the ceiling lights are all highlighted as trademarks.

    "The trademark logo completely contains"

    Trade Mark, with nos. 1921557, 6765872

    "The composition of the registered trademark is similar," Midea "words and Numbers 1921557, 6765872"

    "There is no visual difference between registered trademarks, which can be identified as the same; The outer packing boxes of the ventilation fans of the accused products and the"

    "Logo", "circuit diagram of the product, certificate and drive power supply, manual, after-sales service warranty card"

    "Logo, which is used prominently as a trademark,"

    Trademark Identification and No. 1523737, 5478888

    "A registered trademark is visually indistinguishable and can be identified as identical,"

    "Trademark Identification and No. 1523735, 5478887"

    "A registered trademark is basically indistinguishable visually and can be identified as identical. The trademark logo completely contains"

    Trade mark, therefore, and No. 6765872

    The composition of registered trademarks is similar. Therefore, the ceiling lamp of the product accused of infringement is no. 1921557, 6765872 of infringement.

    "For the commodities with the exclusive right to use a registered trademark, the ventilation fan of the product accused of infringement infringes on plaintiff No. 1523737, 5478888"

    Registered Trademark No. 1523735, 5478887

    Registered Trademark no. 6765872

    Commodities with the exclusive right to use a registered trademark. The defendant, Li Shuai, also violated the exclusive right to use a registered trademark by selling goods that infringed upon it.

    In addition, the defendant Li Shuai was accused of infringement is also reflected in the sale of ceiling lights, ventilation fans in the "Midea kitchen and bathroom integrated ceiling shop" online store name using the word "Midea" and in the name of the shop next to the "?

    "Logo. Article 48 of the Trademark Law of the People's Republic of China stipulates, "The use of a trademark mentioned in this Law means the use of a trademark on commodities, packaging or containers of commodities, and trading documents of commodities, or the use of a trademark in advertising, publicity, exhibition and other commercial activities to identify the source of commodities." The defendant used the words "Mei" and"

    "Logo, belonging to the use of trademarks," Midea "words and 1921557, 6765872"

    "A registered trademark is visually indistinguishable and can be identified as identical,"

    Logo and No. 1523735, 5478887

    "A registered trademark is basically indistinguishable visually and can be identified as identical. The trademark logo completely contains"

    "Trade mark, hence the same trade mark as"

    "The registered trademark constitutes similar, infringing the plaintiff's right to exclusive use of the registered trademark No. 1523735, 1523737, 1921557, 5478887, 5478888 and 6765872.

    Ii. Civil liability of the defendant.

    According to the provisions of Article 15 of the Tort Liability Law of the People's Republic of China, the forms of liability for tort include stopping the infringement, eliminating the influence, offering an apology, and compensating for the loss. Accordingly, the plaintiff claims that the defendant Li Shuai stops the infringement and compensates for the loss, which is supported by the court. In terms of damage compensation, the plaintiff by the defendant Nick infringement by the amount of actual damages and profits of the defendant's Nick are difficult to determine, so according to the defendant is professional sales ceiling lamp, fan, via the Internet infringement regional wide and show in the online sales, consider the defendant Nick tort consequences, the plaintiff's registered trademark has the high popularity, and reasonable expenses of the plaintiff to stop the infringing act (notarial cost, the purchase is accused of infringement product cost) etc., our judgment against defendant Nick to compensate the plaintiff's loss of 100000 yuan. The Court does not support the plaintiff's claim for any part in excess of that amount.

    To sum up, according to the trademark law of the People's Republic of China the first (a) (2) of article 57 of the third paragraph of article sixty-three (3), and the law of the People's Republic of China tort liability law article 15, the Supreme People's Court on some issues of applicable law in trademark civil dispute cases interpretation articles 9, 10 and 16 in the second paragraph, the provisions of article 17, sentence below

    I. The defendant, Li Shuai, immediately stopped selling the products infringing the plaintiff, No. 1921557, 6765872 of Guangdong Midea Life Appliance Manufacturing Co., LTD."

    "Suspended Ceiling Lamp of the Right to Exclusive Use of a Registered Trademark and Discontinuing the Sale of Infringing Plaintiff Guangdong Midea Life Appliance Manufacturing Co., LTD. No. 1523737, 5478888"

    Registered Trademark No. 1523735, 5478887

    Registered Trademark, No. 6765872

    "Ventilator for the exclusive right to use a registered trademark;

    Ii. The defendant Li Shuai immediately stopped using the words "Midea" and "Midea" in the name of the store "Midea Integrated Kitchen and Bathroom Suspended Ceiling store" (member name: "Global Golden Hall") on taobao.com.

    ";

    3. Within 10 days from the date of the legal effect of this judgment, the defendant Li Shuai shall compensate the plaintiff, Guangdong Midea Household Electrical Appliances Manufacturing Co., LTD., a one-time loss of 100,000 yuan;

    4. Reject the plaintiff's other claims of Guangdong Midea Household Electrical Appliances Manufacturing Co., LTD.

    If the defendant fails to perform the pecuniary obligation within the time limit set in the above judgment, he shall pay double interest on the debt for the delayed period in accordance with article 253 of the Civil Procedure Law of the People's Republic of China.

    This case receives the fee 4300 yuan, by the defendant Li Shuai to bear.

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

    Chief Judge Li Jiefeng

    Judge Lin Yanping

    People's Juror Feng Wenjun

    July 29, 2016

    Clerk Xie Peng