Civil judgment of Xiaoshan District People's Court in Hangzhou City, Zhejiang Province

People's Court of Xiaoshan District, Hangzhou City, Zhejiang Province

Written judgment of civil affairs

(2018) Zhejiang 0109 9627, Early Republic of China

Plaintiff: Opal Home Furnishing Co., LTD. Domicile: 210 Street 21, Hangzhou Economic and Technological Development Zone, Zhejiang Province, China.

Legal Representative: FangJames, chairman of the company.

Agent: Zhai Mingyue, Yang Fudong, lawyer of Shandong Changping Law Firm.

Defendant: Hangzhou Xiaoshan century building materials decoration market Lou Quan decoration materials firm. Address: No.119, Building 27, Zhejiang Century Building Materials Decoration Market, Ningwei Street, Xiaoshan District, Hangzhou City, Zhejiang Province.

Operator: Lou Fuquan.

Entrusted agent: Lou Yodi.

Defendant: Haiyan Geyilan electric appliance Factory. Address: Building 3-4, Industrial Park, Tongyuan Town, Haiyan County, Zhejiang Province.

Operator: Li Chuncui.

Attorney: Wang Li, lawyer of Beijing Yingke (Shanghai) Law Firm.

Defendant: Aibo Electric Appliance Hangzhou Industrial Co., LTD. Domicile: Rm 803, Chevalier House, 45-51 Chatham Road South, Tsim Sha Tsui, Kowloon.

Representative: Wang Yemin, executive Director of the Company.

Attorney: Xu Xuelong, Zheng Chao, lawyer of Zhejiang Junde Law Firm.

The plaintiff at the household co., LTD. (hereinafter referred to as the company's household) v. the defendant hangzhou xiaoshan century building decoration market LouQuan decorative materials business (hereinafter referred to as the decoration materials businesses), haiyan's job electrical appliance factory (hereinafter referred to as the "job electrical appliance factory), love spectrum appliances hangzhou industrial co., LTD. (hereinafter referred to as love spectrum electric company) dispute case of unfair competition, in our hospital in 2018 to begin on May 29, form a collegiate panel for examination in accordance with the law. According to the plaintiff's application, the court adopts property preservation measures according to law. From July 27, 2018 to October 15, 2018, solstice will process the jurisdictional objection raised by aibo electric. The case was heard in public on November 26, 2018. Plaintiff Opu household Company entrustment agent Yang Fudong, defendant Decoration materials firm entrustment agent Lou Youdi, defendant Geilan electric appliance factory entrustment agent Wang Li, defendant Ai pu electric appliance company entrustment agent Xu Xuelong, Zheng Chao attended the lawsuit. The case is now closed.

The plaintiff, Opp Home Furnishing Company, claims that Opp Home Furnishing Company (original name: Hangzhou Opp Bathroom Technology Co., LTD., renamed as Hangzhou OpP Kitchen Technology Co., LTD., and renamed as OpP Home Furnishing Company in 2017) is Hangzhou Molisi Technology Co., LTD. (original name: Hangzhou at the lighting equipment co., LTD., in 2001 changed its name to hangzhou at the electric appliance co., LTD., hereinafter referred to as the general electric company, in 2017 changed its name to hangzhou affiliate of Molly technology co., LTD.), "the general" brand series of products include household items, kitchen appliances, lighting appliances, bathroom heater, integration ceiling and so on the many kinds of category. Since 1993, OPp Electric appliance Co., Ltd. has taken "OPp" as the enterprise name and used the logo of "OPp" in related products and publicity, and registered the trademark of "OPp" series in many kinds of products. After many years of use and publicity, the company has formed a corporate brand reputation with the name of "OPp" and the trademark of "Opp" as the core. Opp belongs to the abbreviation of Opp household company and associated enterprises. Since 2004, OPP Electrical Appliances Co., Ltd. has licensed opP Furniture Co., Ltd. to use relevant trademarks of "OPp", and since January 1, 2017, opP Furniture Co., Ltd. has been specially authorized to protect rights and interests of the trademark of "Opp" and other related unfair competition behaviors.

In March 2018, according to the investigation of Opp Household Furniture Company, decoration materials firms in their business premises sold a large number of bath ba labeled "Opp Electrical Appliances Hangzhou Industrial Co., LTD.", which was made by Greenland Electric Appliance Factory. The other identified, job LAN electrical appliance factory in April 2016 on the production of flat light, heater for use "the general electric (China) co., LTD." the words regulators will be punished by the market, and a large number of production, sales, with "at the electrical industrial co., LTD. Hangzhou" bath bully, and annotations on the sales documents on its website, "the general electric (China) co., LTD.", alongside the plot of "the general" brand is very bad. Aibo Electric Appliance Co., LTD., formerly known as Aopu Electric Hangzhou Industrial Co., LTD., completed the registration of change of company name on November 17, 2017.

In conclusion, the three defendants knowing "at the" brand name recognition, for clings to "at the" brand, size, reputation, a large number of production, sales, marked with "at the size of the enterprise name" bath bully, flat light, contrary to the principle of good faith and business morality, easily mistaken for case involved the public product and at the home company and linked "at the" trademark, violations of the company's enterprise at the house right of name, form of unfair competition. Therefore, the lawsuit asks the court to order: 1. The decoration material firm shall immediately stop the unfair competition behavior, that is, immediately stop the sale of the bath bully marked with the words "Aopu Electric Appliance Hangzhou Industrial Co., LTD"; 2. 2. Geilan Electric appliance Factory and Aipo Electric Appliance Co., Ltd. shall immediately stop unfair competition, i.e. immediately stop the production and sale of bath bully and flat panel lamps marked with the words "Aopu Electric Hangzhou Industrial Co., LTD."; 3. Geilan Electric appliance Factory immediately stops unfair competition, that is, immediately stops using the words "Aopu Electric Appliance (China) Co., LTD" on its website and sales list; 4. Aibo Electric Appliance Co., Ltd. shall immediately stop unfair competition behavior, namely, it shall immediately stop carrying out business activities in mainland China under the original enterprise name of "Aopu Electric Appliance Hangzhou Industrial Co., LTD."; 5. The decoration material firm compensates for the economic loss and the reasonable expense of safeguarding rights, totaling 30,000 yuan; 6. Geilan Electric Appliance Factory and Aibo Electric Appliance Company shall compensate for economic losses and reasonable expenses of rights protection totaling 270,000 yuan; 7. Decoration materials firm, Geilan Electric Appliance Factory and Aipo Electric Appliance Company published statements on national media to eliminate the influence.

The defendant decoration materials firm argued that: Opp furniture company asked decoration materials firm to compensate for 30,000 yuan of the suit is unreasonable. The store of the decoration material firm is very small, and its main business is decorative hardware. The bath ba involved in the case should be purchased in addition to the goods required by friends. Only five bath Ba with an amount of 1000 yuan were purchased. To sum up, the request rejects the Op household company to decorate material firm's lawsuit request.

    The defendant Golilan Electric appliance factory argued that Golilan electric appliance factory was authorized to operate with corresponding authorization. The trademark "OPUS" on the packaging of Golilan electric appliance factory was a legal registered trademark, and Golilan electric appliance Factory had no infringement. As for the trademark holder Op Hangzhou Industrial Co., LTD., as indicated on the package, it is a company registered in The Hong Kong Special Administrative Region. The name of OP Hangzhou Industrial Co., Ltd. has been authorized and used by the company. The words OP Hangzhou or OP Hangzhou are not used in a conspicuous place. In conclusion, Golilan electric appliance factory does not constitute unfair competition and does not have to bear the liability for compensation, and the claim of Opp Furniture Company against Golilan electric appliance factory is rejected.

    The defendant love spectrum electric argues that: (1) on August 2, 2002, love spectrum electric company (original name: Japan at the electronics (Hong Kong) international co., LTD., October 12, 2016 after the company name to "electric industrial co., LTD. Hangzhou, on November 17, 2017, the company name to love spectrum electric company) registered in the Hong Kong special administrative region to set up, began to use" as the size of the enterprise. On July 9, 2003, Apu Electric Appliance Co., Ltd. applied for the registration of OPUS letters and graphics trademark on the seventh category of Bath Ba goods. The above trademark matches the enterprise name of OPUS. After a long period of use, Aibo Electric appliance company has formed a historical legal rights and interests for THE OPp and alphabet trademark, which has a certain influence among consumers. Therefore, the use of THE opP enterprise name by Aibo electric appliance Company will not mislead consumers, nor will it constitute unfair competition. Love spectrum electric company is neither producer, nor a seller, love spectrum electric OPUS is a registered trademark in English, at the electric company registration at the department of Chinese trademark, are legally registered, so the label does not constitute infringement, love spectrum electric company will legally registered trademark licenses another person to use, does not constitute unfair competition. Iii. Even though Aipu Electric Appliance Company changed its enterprise name to Aopu Hangzhou Industrial Co., LTD in 2016, narrowing the difference between AIpu Household Appliance Company and AIpu Electric Appliance Company, which may cause confusion, aipu Electric Appliance Company voluntarily changed its name in November 2017, which does not constitute unfair competition. Iv. The administrative penalty imposed on Gerland Electric Appliance Factory in April 2016 has nothing to do with Aibo Electric Appliance Co., LTD. At that time, there was no trademark license between the two parties, but the trademark has been authorized to be used since 2017. At the beginning of 2018, due to the name change of Aibo Electric Appliance Co., LTD, the contract was immediately signed with Greenland Electric Appliance Factory to change the name and use the new enterprise name. Even if the infringement act was established in March 2018, The original enterprise name of AIbo Electric Appliance Was used on the outer package of the goods by Geilan Electric Appliance Factory, which was an act implemented by Geilan Electric Appliance Factory, which could not be controlled by Aibo Electric Appliance Company. Aibo Electric Appliance Company has clarified the fact of the change of enterprise name to Geilan Electric Appliance Factory. To sum up, the request to reject the op household Company against the spectrum electrical company's lawsuit.

    In order to support the facts of his claim, the plaintiff, Opal Home Furnishing Company, provided the court with the following materials of evidence within the time limit of proof:

    The first group of evidence (mainly to prove the qualification of OPp Furniture Company as the subject of litigation and the right of "Opp" trademark on the product in question) :

    Evidence 1. The registration of changes of OPP Household Products Co., Ltd. and Hangzhou Molisi Technology Co., Ltd. proves the fact that opp Household Products Co., Ltd. and its affiliated enterprises have registered and used "Opp" as the enterprise name since 1993;

    Evidence 2. The Authorization Note and the Note prove the fact that Opp Home Furnishing Company is the subject of the lawsuit;

    Evidence 3. Certificate of Trademark Registration No. 730979, certificate of change of registered trademark, certificate of approval of renewal of registration, certificate of renewal of trademark registration, certificate of assignment of trademark, certificate of change of registered trademark, proof of fact that Opp Household Is the owner of the trademark, the trademark is approved to be used in category 11, and the trademark is now valid;

    Evidence 4. Trademark Registration Certificate No. 1187759, certificate of change of registered trademark, certificate of approval for renewal of registration, certificate of renewal of registration, certificate of assignment of trademark, certificate of change of registered trademark, proof that Opp Household Is the owner of the trademark, the trademark is approved to be used in category 11, and the fact that the trademark is now valid;

    Evidence 5. Certificate of Trademark Registration No. 3338907, certificate of change of registered trademark, certificate of approval of renewal of registration, certificate of renewal of registration, certificate of assignment of trademark, certificate of change of registered trademark, proof that Opp Household Is the owner of the trademark, the trademark is approved to be used in category 11, and the fact that the trademark is now valid;

    The second group of evidence (mainly proves that the trademark of "OPp" is a well-known trademark, and the trademark of Opp Household Company and "Opp" has a high popularity) :

    (Evidence 6 and 7 only have names of evidence, neither of which provide material evidence, and are civil judgments and rulings in other cases, which have nothing to do with the facts to be proved in this case, so they are not considered as corresponding evidence)

    Evidence to 8. The state administration for industry and commerce trademark review and adjudication board (hereinafter referred to as the trademark review and adjudication board), evaluation of chi word [2015] no. XX, prove at the electric company to use in class 11 hot shower, bath with heater on the goods "at the" registered trademark is well-known trademark (now trademarks are transferred to the company name) at the household of the facts;

    Evidence 9. (2016) The notarial Certificate no. XXXX in the Certificate of Zhejiang Hangzhou Money, which proves the fact that Opu Electric Appliance Company has won the honor of zhejiang famous trademark and Zhejiang famous brand, and Opu Household Appliance Company has won the honor of high-tech enterprise and Zhejiang famous trade house.

    Evidence 10.The brand honor certificate from 2016 to 2018, which proves the fact that "OPp" brand has high popularity and goodwill value;

    Evidence 11. The Special Audit Report of OPP Home Furnishing Co., LTD., no. 4XX [2018], proves the fact that OPp Home furnishing Co., Ltd. has invested more than 190 million yuan in advertising from 2015 to 2017, and that OPp home Furnishing Co., Ltd. and opp brand have high popularity;

    The third group of evidence (mainly to prove the infringement and the reasonable expenses of The Company) :

    Evidence 12. (2018) Notarization Certificate No. 3XX issued by Lulaiwu Fengcheng Fengzi, certifying that the sales of the infringing products in the case by the decoration material firm, the production and sales of the infringing products in the case by Geilan Electric Appliance Factory and Aipo Electric Appliance Company, and the fact that Aopu Jiju paid 1,000 yuan for shopping;

    Evidence 13. (2018) shandong laiwu FengCheng card no X people notarial deed, prove electric grid job, love spectrum electric company production, sales, case involving infringement product, in sales documents, job orchid electric brochure to use "the general electric (China) co., LTD." with the words of the infringement, and prove the company's household spending shopping fee of 6656 yuan;

    Evidence 14. (2018) Notarization Certificate No. XX2 of Lulaiwu Fengcheng, which proves the fact that Geilan Electric Appliance Factory used the words "Aopu Electric Appliance (China) Co., LTD." on its website;

    Evidence 15. Haiyan county market supervision and administration of the salt city surveillance department word [2016] no. 192 on the administrative penalty, prove, job orchid electric tablet in the production of LED light, heater without authorization on the outer packing label "the general electric (China) co., LTD." with the words of the infringement, the form of unfair competition, in October 2016, was sentenced to administrative penalties, grid job crane electrical appliance factory is still on the site on, using the above infringement on the sales documents, its plot, infringing copyright deliberately obvious;

    Evidence 16. Notice of payment certifying the fact that Opp Furniture Company paid the solicitor's service fee of about $4,108 (HK $5,000) for the enquiry of the registration materials of Opp Appliances Company;

    Evidence 17. Notary fee invoice, which proves the fact that OPp Home Furnishing company spent RMB 3,000 on notary fee;

    Evidence 18. Litigation preservation liability insurance policy, insurance premium invoice, proving the fact that Opp Home Furnishing Company has paid the litigation preservation liability insurance premium of 500 yuan;

    Evidence 19. The total amount balance plan of the technical renovation project of the metal integrated ceiling with an annual output of 1.3 million square meters proves the fact that The Geilan electric appliance factory has a certain production scale and economic strength.

    After cross-examination, the defendant decoration materials firm believes that the above evidence, are not clear about the specific circumstances, but that the case of decoration materials firm sales products, and the case related to the Opp household company enjoyed the trademark has no relationship, and from the packaging, trademark, physical objects are inconsistent, will not cause consumer confusion.

    After cross-examination, the defendant Gerland Electric Appliance Factory believed that it had no objection to the first and second set of evidence. However, it believed that the products involved in the case used the OPUS trademark, and it did not mark the Chinese words of OPUS in the prominent position of the products involved and the packaging of the products, and there were any attachments, which could not be proved to constitute unfair competition; Evidence for 15, subjective intentional job orchid electric does not exist, because the authorized party love spectrum electric appliance company, formerly known as Japan at the electronics (Hong Kong) international co., LTD., so the grid job orchid equipment factory in the use of packaging to the general electric (China) co., LTD., was sentenced to administrative penalty in 2016, immediately to packaging changes into the general electric industrial co., LTD. Hangzhou, is registered in the Hong Kong special administrative region in accordance with the company name. For the third set of evidence, There is no unfair competition and no relevant expenses are to be borne by Greenland, and evidence 16 is irrelevant to the case.

    Upon cross-examination, the defendant Aibo Electric Appliance Company believed that it had no objection to the first set of evidence. As for the second group of evidence, there is no objection to the authenticity of Evidence 8. However, it is believed that opu series trademarks were originally pointed to Japan Opu Electric Appliance Co., LTD., and opU Electric Appliance Co., LTD., which is in essence a registered trademark. Therefore, After the establishment of OPU Electric Appliance Co., Ltd. in Hong Kong SPECIAL Administrative Region, the corresponding English trademarks can only be used. There are objections to evidence 9 and 10, and a considerable part of the authorities and qualifications are in doubt. There is an objection to evidence 11. It is impossible to prove that the advertising expenditure is the same as the brand awareness, and it is believed that a large amount of advertising expenditure may be needed if the brand awareness is not enough. For the third group of evidence, there is no objection to the authenticity of evidence 12 and 13. The trademark on the product involved in the case is authorized by Aibo Electric Appliance Company, but it is believed that AIbo Electric Appliance Company cannot control the packaging and use behavior of Greenland Electric Appliance Factory. There are objections to evidence 14 and 15, which are all done by Geilan Electric appliance Factory, without the knowledge of Aibo Electric Appliance Company. The authenticity of the corresponding amount cannot be determined due to objection to evidence 16. There is no objection to evidence 17 and 18. The objection to evidence 19 has nothing to do with Spectrum Electric.

    Upon examination, the court confirms the authenticity of the first set of evidence. The authenticity of evidence 8 in the second group will be confirmed, and the rest of evidence in this group will be referred to when determining the popularity of the trademark "Opu". As for evidence 19 in the third set of evidence, it has nothing to do with the facts to be proved in the case, and the validity of the evidence shall not be confirmed, while the authenticity of the rest of the evidence shall be affirmed.

    The defendant's decoration materials firm did not provide evidential materials to the court.

    The defendant's job electrical appliance factory to support the claim of the fact that, within the time limit for adducing evidence in our hospital provides evidence of the following materials: "trademark use permission contract" and "authorization letter" to prove that love spectrum job orchid electric electric company authorized lattice can be used in 2017 and 2018, OPUS registered trademark, and job electric products meet quality standards.

    The cross-examination, the plaintiff at the household that had no objection to the truth of the evidence, but that is authorized by the OPUS English logo and at the electrical industrial co., LTD. Hangzhou the use of a registered trademark and the production and sales, can prove that electric grid job, love spectrum electric at the electrical industrial co., LTD. Hangzhou entities agree to use the name of the behavior, should bear legal responsibility.

    After cross-examination, the defendant decoration materials firms have no objection.

    The cross-examination, the defendant love spectrum electric company had no objection to the truth of the evidence, but believes in November 2017 after the company name change, the two sides signed a 2018 contract again, did not get back the original of the original contract, and that only authorized the use of OPUS trademark logo, the general electric industrial co., LTD. Hangzhou is the original company name, and it takes time to obtain trademark registered name changes, so the new trademark registration certificate has been obtained.

    Upon examination, the court confirms the authenticity of the above evidence.

    The defendant love spectrum electric appliance company to support its claims that the fact that, within the time limit for adducing evidence in our hospital provides evidence of the following materials: company registration certificate, certificate of name change, the trademark use permission contract, trademark registration certificate and query record, prove that love spectrum electric appliance company name change, love electric company to Syria electric grid job to sign "trademark use permission contract" in 2018, apply for registration of trade mark of OPUS.

    After cross-examination, the plaintiff company believes at the household, the company registration certificate, certificate of name change, there is no objection to the trademark use permission contract, and job electrical appliance factory provide evidence conflict, no objection to the truthfulness of trademark registration certificate and query record, but that has nothing to do with this case to be proved.

    After cross-examination, the defendant decoration materials firms have no objection.

    Upon cross-examination, the defendant Greenland electric Equipment Factory has no objection, and it is true that both parties re-signed the contract for 2018.

    Upon examination, the court confirms the authenticity of the above evidence.

    Based on the evidence confirmed above and the statements made by the parties in the trial, the Court determines the following facts:

    Opu Electric Is the registered trademark holder of the Opu trademarks No. 730979, 1187759 and 3338907. The goods approved for use in the above three registered trademarks are all in category 11: lighting equipment, heaters, exhaust fans, all-in-one machines for lighting, heating and ventilation, hot air shower devices, bath heaters, bathroom devices, etc. After the renewal, the validity period of the three registered trademarks will be February 20, 2025, June 27, 2028 and April 13, 2024 respectively. Upon approval, the three registered trademarks were transferred to Opal Home Furnishing, Inc. in February 2018. On June 30, 2015, the Trademark Office of the State Administration for Industry and Commerce recognized the registered trademark of "Opu" on the products of class 11 hot gas shower device and bath heater of OpU Electric Appliance Co., Ltd. as a well-known trademark.

    On May 5, 2016, Haiyan County Market Supervision Administration initiated an investigation into Geyilan Electric appliance Factory's suspected unfair competition behavior. Since April 2016, job electrical appliance factory authorized the use way, without authorization, in the production of LED flat light, heater highlights on the outer packing mark "the general electric (China) co., LTD.", "OPUS" integrated top ceiling "enterprise names and words, such as for sale, for grid job complete electrical appliance factory could not provide effective business credentials, the illegal income and the illegal operations can not be sure. On October 19, 2016, Haiyan County Market Supervision And Administration Bureau issued the administrative Punishment Decision No. 192 of Yanshi Municipal Supervision and Administration [2016] on Geyilan Electric Appliance Factory, which was found to have used the enterprise name of others without authorization, which constituted unfair competition behavior, ordered it to stop producing and selling the above related commodities, and fined it RMB 10,000.

    On March 16, 2018, Wang Shouzhen, the agent of Jindun Intellectual Property Service Center (hereinafter referred to as service Center) in Laicheng District, Laiwu City, Shandong Province, applied for notarization of relevant evidence preservation to Fengcheng Notary Office. Shou-zhen wang March 19, 2018 in a notary public and a notary personnel under the supervision of, in is located in xiaoshan district, hangzhou city, zhejiang province road "hangzhou xiaoshan so-and-so market garden" of X X9 - # X0 "bond pie. Household life museum shop", as ordinary consumers in the store to buy the marked "trademark holders: at the electrical industrial co., LTD. Hangzhou" the words such as "858" type bath bully a, price 1000 yuan, and obtain the store's young her "floor" card issued by one, the list of sales and credit card slip a POS machine. Fengcheng Notary Office of Laiwu City, Shandong Province sealed the seal of the notary office above mentioned, and issued a notary Certificate no. 3XX (2018) of Fengcheng Notary Office of Lulaiwu City, Shandong Province on April 18, 2018. After checking the material object in court, the outer packing of Bath Ba is highlighted with the registered trademark of "OPUS". In the outer packing and the Product Operation Manual, the trademark holder is noted as "OPUS" Hangzhou Industrial Co., LTD., and the manufacturer as "Haiyan Yilan Electric Appliance Factory".

    On March 20, 2018, under the supervision of a notary and a notary in Fengcheng Notary Office, Laiwu City, Shandong Province, Wang Shouzhen, as an ordinary buyer, purchased a factory marked "The Trademark Holder: At the electric industrial co., LTD. Hangzhou "with the words such as" S868 ", "818", "858" type bath bully 12 Taiwan, rectangular plate lamp fourteen, square plate lamp 28, the selling price amounted to 6656 yuan, and obtain the factory issued "the general electric (China) co., LTD. Sales form a, product atlas (marked with" trademark holders: the general electric (China) co., LTD. ") a book and the plant given marked "trademark holders: the general electric (China) co., LTD." the condole top of gusset plate in a wooden case. The Notary Office of Fengcheng city, Laiwu City, Shandong Province took one of the above bath ba, rectangular flat lamp, square and gusset plate, sealed them with the seal of the notary Office, and issued a notarization certificate (2018) Fengcheng Zi No. X of Lulaiwu Fengcheng City on April 18, 2018.

    On April 18, 2018, the notary staff of Fengcheng Notary Office in Laiwu city, Shandong Province supervised Wang Shouzhen to use the notary office computer, log in the websites of "www.opUSDq.com" and "www.gyldd.com" to browse, and log in the website of "Aliyun" to query the registration information of the domain names "opUSDQ.com" and "gyldd.com". The "brand Profile", "Brand Introduction", "Contact us" and other items of the website www.opUSDq.com all show the relevant information of OPU Electric (China) Co., LTD. On April 28, 2018, Fengcheng Notary Office of Laiwu City, Shandong Province issued the (2018) Fengcheng Certificate of Lulaiwu People no. XX2 notary.

    Japan Aopu Electric (Hong Kong) International Co., Ltd. was registered and established in Hong Kong Special Administrative Region on August 2, 2002, and then changed its name to Aopu Electric Hangzhou Industrial Co., LTD on October 12, 2016, and changed its name to Aipo Electric Co., LTD on November 17, 2017. Japan Aopu Electric (Hong Kong) International Co., LTD. Registered trademark No. 3625309 (a combination of letters and graphics) on February 21, 2006, and changed the name of registered trademark registrant to Aopu Electric Hangzhou Industrial Co., LTD on March 7, 2017. The goods approved for use by the abovementited trademark shall be in category 11: Bath Bully (electric appliance), exhaust fan, solar water heater, etc., and upon renewal, the validity period of the abovementified trademark shall expire on February 20, 2026. Electric grid job, and at the electrical industrial co., LTD. Hangzhou, respectively, in February 2017 and January 2018 "trademark use permission contract" signed the convention love spectrum electric company licensing job LAN electrical appliance factory use the registered trademark, the form of licensing are ordinary license, permission to use the term is one year, and make agreement on issues such as licensing fees. Aibo electric appliance Company issues a letter of Authorization to Geilan electric appliance Factory, stating the use, production and sales of the registered trademark of "OPUS Opu Electric Appliance Hangzhou Industrial Co., LTD". Due to the change of the name of Aibo Electric Appliance Company, both parties re-sign the trademark License Contract of 2018. The trademark license at the head and tail of the contract shall be changed to Aibo Electric Appliance Company.

    Geilan Electric Appliance Factory was registered on May 9, 2014, operated by Li Chuncui. Its business scope includes the manufacturing and processing of lighting appliances and heaters.

    The expenses of OPp Household Company for this lawsuit are as follows: shopping fees of 7656 yuan, notarization fees of about 4108 yuan, notarization fees of 3000 yuan, litigation preservation liability insurance of 500 yuan.

    The court holds that business operators should abide by the principles of voluntariness, equality, fairness and good faith and abide by laws and business ethics in their production and business activities. A business operator shall not, without authorization, use the same or similar marks of the name, packaging or decoration of the goods which are to a certain extent influenced by others, and shall not, without authorization, use the name of an enterprise which is to a certain extent influenced by others and any other confusing ACTS which may be mistaken for the goods of others or have a specific connection with others.

    The products of Opal Household Appliance Co., Ltd. and its affiliates Opal Electric Appliance Co., Ltd. and Geilan Electric Appliance Factory all involve bath ba, lighting appliances and other categories, and there is a competitive relationship between the two parties. In "www.opusdq.com" website job orchid electric "brand overview", "brand", "contact us" and so on are shown under the "general electric (China) co., LTD." the words of the relevant information, the issue of product sales, product pictures and give the condole top of gusset plate, are marked with words, the system use at the company, at the household appliances enterprise name font size in the same part of the company, enough to make the relevant public to mistake the source of goods, misunderstanding, job electrical appliance factory and company at the household, and there is a specific relationship at the electric company, create the market confusion. In particular, Geilan Electric appliance Factory was once imposed administrative punishment by the market supervision department in 2016 for using the above words on its products. Its intentional subjective motivation is obvious, which violates the principle of good faith and constitutes unfair competition.

    The case mainly sells dispute focus decoration materials firms "at the electrical industrial co., LTD. Hangzhou" bath bully, grid job LAN electrical appliance factory production and sales of marked the bath bully, flat light, love general electric company in the license others to use its registered trademark authorization is contained in the above words, whether the case involved three the defendant's act constitutes unfair competition behavior. First of all, Aibo Electric Appliance Company is registered and established in Hong Kong Special Administrative Region. Its company name has gone through three changes of Japan Aopu Electric Appliance (Hong Kong) International Co., LTD., AopU Electric Appliance Hangzhou Industrial Co., LTD., and Aibo Electric Appliance Co., LTD., and it has obtained the registered trademark of "OPUS", which has certain historical continuity. Secondly, from the point of view of the bath ba sold by the decoration material firm and the bath Ba produced and sold by The Geilan electric appliance factory, the outer packing has highlighted the use of the trademark "OPUS". The trademark has no similarity with the word trademark of OPU series, which will not cause confusion. In addition, the trademark owner is indicated to be Opu Electric Appliance Hangzhou Industrial Co., LTD.; Moreover, after the name change of Aibo Electric Appliance Company, the trademark Licensing Contract of 2018 was re-signed with Greenland Electric Appliance Factory, which fulfilled a certain duty of care. Considering the above factors, the corresponding behaviors of the three defendants in the case did not constitute unfair competition. But given the love is change of the general electric company, involved in three defendants shall stop to marked "at the electrical industrial co., LTD. Hangzhou" management behavior: decorative materials businesses should stop selling marked "at the electrical industrial co., LTD. Hangzhou" bath bully, job orchid electric should stop the production and sale of marked the bath bully, flat light, love general electric company should stop in the license others to use its registered trademark authorization contained in the above words.

    To sum up, The Gerilan electric appliance factory constitutes unfair competition and shall bear civil liabilities such as stopping infringement, eliminating influence and compensating for losses. Opp Home Furnishing company claims that Greenland Electric Appliance Factory should immediately stop using the word "Opp Electric Appliance (China) Co., LTD." in its website, sales order and other places. This is a legitimate claim, and we support it. As for the claim of Opp furniture company to remove the influence by publishing the statement in the national media, the court considers that the defendant's actions caused confusion and therefore the plant should clarify in an appropriate manner on its website in order to eliminate the influence.

    As for the amount of damages, the court will take into consideration the influence of the series brands of Opp Furniture Company, the subjective fault degree of Greenland electric appliance Factory, the nature and duration of the unfair competition behavior involved in the case and give appropriate support. The shopping fee, notarization fee, notarization fee, litigation preservation liability insurance premium and litigation entrusted by Opp Furniture Company to investigate and collect evidence on relevant facts are reasonable expenses paid by OPp Furniture Company to stop infringement, which the court supports. Accordingly, in accordance with the provisions of Articles 2, 6 and 17 of the Anti-Unfair Competition Law of the People's Republic of China and Article 4 of the Supreme People's Court's Interpretation on Certain Issues concerning the Application of Law in the Trial of Civil Cases of Unfair Competition, the judgment is made as follows:

    1. Haiyan Geyilan Electric Appliance Factory immediately stops using the words "AopU Electric Appliance (China) Co., LTD." on the website www.opUSDq.com and the product sales list.

    Ii. Haiyan Geyilan Electric appliance Factory shall compensate Opp Household Co., Ltd. for the economic loss (including reasonable expenses) of RMB 150,000 within 10 days from the effective date of this judgment;

    3. Haiyan Geyilan Electric Appliance Factory shall publish a statement on www.opUSDq.com within 10 days from the effective date of this judgment (the content shall be subject to the approval of the Court) to eliminate the effect of infringement. The statement shall last for 15 days.

    Four, hangzhou xiaoshan century building decoration market LouQuan decoration materials businesses should stop selling marked "at the electrical industrial co., LTD. Hangzhou" bath bully, haiyan's job orchid electric should stop the production and sales of marked the bath bully, flat light, love spectrum electric industrial co., LTD. Hangzhou should stop in the license to use its registered trademark authorization is contained in the above words;

    V. Reject the remaining litigation claims of Opp Home Furnishing Co., LTD.

    If the defendant fails to perform his pecuniary obligation within the time limit 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 delay period.

    The case acceptance fee is 5,800 yuan, 1,500 yuan for Opp Household Co., LTD., and 4,300 yuan for Haiyan Geyilan electric appliance Factory. The property preservation application fee of RMB 1,870 yuan shall be paid by Haiyan Geilan Electric appliance Factory to Opp Household Co., LTD within 10 days from the effective date of this judgment.

    The plaintiff, Opal Home Furnishing Co., Ltd. applies to the court for a refund within 15 days from the effective date of this judgment; The defendant Haiyan Geyilan electric appliance Factory shall pay the legal costs to the court within seven days from 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, submit an appeal to the court, and make copies of the appeal according to the number of the other party, and appeal to the Intermediate People's Court of Hangzhou, Zhejiang Province.

    Chief Judge Wang Dawei

    People's Juror He Hanchao

    People's juror Wang Diping

    March 21, 1919

    Clerk Fu Jianping