Civil judgment of Heze Intermediate People's Court in Shandong Province

    Heze Intermediate People's Court of Shandong Province

    Written judgment of civil affairs

    (2014) Hezhichu Zi No. 161

    Plaintiff: Opple Lighting Co., LTD.

    Legal representative: Wang Yaohai, chairman of the Board of directors of the company.

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

    Attorney: Wang Yan, lawyer of Shandong Changping Law Firm.

    Defendant: Yao Ping.

    Agent: Xu Xiangmei.

    Defendant: Song Xigen.

    On September 26, 2014, the plaintiff, Opple Lighting Co., Ltd. and the defendants, Yao Pingxiang and Song Xigen, filed a lawsuit against the court. After the court accepted the case, it formed a collegial panel according to law and held the trial in public on December 10, 2014. The plaintiff's agent Zhai Mingyue and Wang Yan, the defendant Yao Pingxiang and his agent Xu Xiangmei and the defendant Song Xigen attended the proceedings. The case is now closed.

    Opple Lighting Co., Ltd. sues that the plaintiff is a well-known lighting enterprise in China and a leading brand in the lighting industry. It has successively obtained honors and qualifications such as "China famous brand product", "National Model Enterprise of satisfied after-sales Products" and "Guangdong Famous Trademark". In 2007, "Op" trademark was identified as a well-known trademark in China and became the first choice for consumers to buy lighting equipment. Therefore, the plaintiff brand has become the target of many counterfeiters. On May 2, 2014, the plaintiff, the survey found the defendant maicun deng ring lamp act the role ofing "ring" in its business places of our stores selling counterfeit trademark the plaintiff without authorization "op platinum sharp" bath bully, plaintiffs entrust notary office for the evidence preservation, upon further investigation, the plaintiff discovered the Song Xigen production products are the defendant, the defendant Song Xigen also production, the sale "op platinum sharp" flat light. Two defendants without the plaintiff's authorization, without authorization, violate the act of the plaintiff trademark goods production and sales, in violation of the trademark law of the People's Republic of China and related laws and regulations, caused great economic losses to the plaintiff, in order to safeguard the legitimate rights and interests of the plaintiff, filed a lawsuit, request: 1, ordered two defendants to immediately stop the infringement of the plaintiff, 6647616, 6647583, 7182788, 1424486, 6647584, 6647559, the behavior of the trademark; 2. The defendant Song Xigen was ordered to compensate the plaintiff for economic losses and reasonable expenses of safeguarding the rights with a total amount of RMB 1 million, and the defendant Yao Pingxiang shall bear joint liability within RMB 50,000; 3. The litigation costs shall be borne by the defendant.

    Defendant Yao Pingxiang pleaded that: Defendant Yao Pingxiang sold the "Opal Platinum" Bath ba which was purchased from defendant Song Xigen and shipped directly by the manufacturer. Defendant Yao Pingxiang did not know whether it was an infringement, and the manufacturer should be responsible if the infringement occurred. The defendant Yao Pingxiang mainly sold lighting, but the sales volume of Bath Bully was very small.

    Defendant Song Xigen pleaded that: the trademark of "Oppel Platinum" used by defendant Song Xigen in the products involved in the case and the corresponding graphic characters had applied for registration with the State Trademark Office on June 6, 2013, and the preliminary examination and announcement had been made on July 20, 2014. The three-month objection period had expired, and the registration and announcement had been made on October 21, 2014. The defendant Song Xigen has already enjoyed the exclusive right to use the registered trademark of "Opal Platinic" and there is no infringement. There are obvious differences in the words, patterns and colors between the trademark of "Opeprin" and the trademark of "Opeprin" in the products involved in the case sold by the defendant and the trademark held by the plaintiff, which is not easy to cause confusion. The registered trademark of "OP" held by the plaintiff is approved to be used in the category of goods only including lamps, daylight lamps, etc., and does not include integrated suspended ceiling. Suppose there is infringement, the defendant subjectively has no malice, and the defendant is a self-employed person with a very small business scale, very little sales of the products involved, and a very short period of time, and the defendant does not get high profits from it. The reasonable expenses claimed by the plaintiff do not provide corresponding evidence to prove that even if there is an excessive amount, and the evidence including the notarial certificate is not generated solely from this case and should not all be borne by the defendant. To sum up, the request to dismiss the plaintiff's claim according to law.

    In support of his claim, the plaintiff presented the following evidence:

    1. Certificate of trademark No. 7182788, certificate of assignment of approved trademark, certificate of alteration of registered trademark. Certificate: The plaintiff is the owner of trademark No. 7182788.

    Certificate of trademark No. 6647616, certificate of assignment of approved trademark, certificate of alteration of registered trademark. Certificate: The plaintiff is the owner of trademark No. 6647616.

    Certificate of trademark No. 6647583, certificate of assignment of approved trademark, certificate of alteration of registered trademark. Certificate: The plaintiff is the owner of the trademark no. 6647583.

    Certificate of trademark No. 6647584, certificate of assignment of approved trademark, certificate of alteration of registered trademark. Certificate: The plaintiff is the owner of the trademark no. 6647584.

    Certificate of trademark No. 6647559, certificate of assignment of approved trademark, certificate of alteration of registered trademark. Certificate: The plaintiff is the owner of the trademark no. 6647559.

    6. (2014) Notarial Certificate No. 3592 of Laifengcheng Certificate. The plaintiff is the exclusive right of OPPLE+ OPPLE+ graphics Trademark No. 1424486. Proof: The trademark No. 1424486 has been registered on the lamps and lanterns in July, 2000. Because the trademark is a well-known trademark, it should be protected across classes.

    7. The business registration information of the plaintiff and the defendant, which proves the fact that the plaintiff and the defendant have a competitive relationship and the subject qualification of the defendant. Both the defendant and the plaintiff have the project of "Bath bully" in their business registration. Therefore, the infringement ACTS of the defendant have an impact on the plaintiff's business. At the same time the defendant Song Xigen industrial and commercial registration did not produce the record of lamps and lanterns, only lighting appliances.

    Group III Evidence 8. (2014) The notarization certificate of Pingyin Certificate No.193 and the sealed object of the notary office.

    9. (2014) Pingyin Certificate No. 400 notarized and sealed by the notary office.

    Evidence 8-9 shows the fact that the defendant has infringed the law.

    10. Entrustment contract, lawyer's fee invoice, shopping note and notary fee note. Proof: The reasonable expenses paid by the plaintiff for safeguarding their rights include notary fees, purchase fees of infringing products, travel expenses, attorney fees, etc., totaling 60,000 yuan.

    11. (2013) Notarial Certificate no. 9916 of Hu Huang Certificate, (2014) Notarial Certificate No. 3593 of Laifeng City Certificate, (2014) Notarial Certificate No. 3594 of Laifeng City Certificate. Proof: the amount of compensation claimed by the plaintiff takes account of the factors such as the well-known trademark, ranking in the industry, benefit scale and popularity among consumers.

    Defendant Yao Pingxiang has no objection to the first and second set of evidence. No objection is made to evidence 8 in the third set of evidence, and no cross-examination opinion is issued on evidence 9 on the ground of ignorance; In the fourth group of evidence, I have no objection to the sales ticket of "Lu-ring lighting", and I am not clear about other expense documents and contracts. However, I maintain that all expenses should not be borne by the defendant Yao Pingxiang.

    The defendant Song Xigen had no objection to the first set of evidence; There is no objection to the second set of evidence, but it is believed that the defendant has the business scope of lamps, and the lighting apparatus itself contains lamps; I have no opinions on the process of the third group of evidence notarization and the sealed articles that are opened in court. It is recognized that it is produced and sold by itself, but it is claimed that the "Opal" products produced by it are not the same or similar to the trademark of the plaintiff. The fourth set of evidence in the attorney's fee is not recognized, that the attorney's fee, legal costs should be determined according to the amount of judgment. No comments on other invoices. The Opp words and English used by the plaintiff in fluorescent lamps and fluorescent lamps are China well-known trademarks, but those used in other products are not China well-known trademarks, and China well-known trademarks are enjoyed by Guangdong Opp Lighting Electric Appliance Co., LTD., and are not the plaintiffs.

    The defendant, Yao Pingxiang, did not provide rebuttal evidence.

    The defendant Song Xigen provided the following evidence to refute the plaintiff's claim:

    1. A notice of acceptance of registration application.

    2. (2014) A notarial certificate of Zhejiang Jiayu Certificate, Minzi No. 5338.

    Evidence 1-2 proves that the trademark of "Opal Platinum" used in the commodity involved was applied for registration by Song Xigen and has passed the preliminary examination notice and registration notice. Song Xigen already has the right to use the trademark.

    The plaintiff has no objection to the authenticity of the evidence provided by the defendant Song Xigen, claiming that the trademark is in the process of objection and is still in an uncertain state. Therefore, it cannot be proved that the defendant Song Xigen enjoys the right to exclusive use of the trademark.

    Defendant Yao Pingxiang has no objection to the evidence provided by defendant Song Xigen.

    Based on the original defendant's evidence, cross-examination and trial investigation, the Court confirms the following facts:

    The plaintiff Optilight Co., Ltd. was established on October 21, 2008 with a registered capital of RMB 521,479104. The company is a joint stock limited company. The business scope includes electric light source, lighting appliances, lighting circuit system design, lighting industry technology development, etc.

    On July 21, 2000, Zhongshan Guzhen Lvming Energy-saving Lighting Factory registered the trademark 1424486 OP +OPPLE+ graphics, and approved the use of commodities as class 11, including lamps and daylight lamps. Valid until July 20, 2010 and thereafter until July 20, 2020. On January 28, 2001, the trademark was approved and assigned to Zhongshan Opuilluminating Co., LTD. On October 31, 2003, the name of the trademark registrant was changed to Guangdong Opu Lighting Co., LTD. On March 7, 2007, the trademark was approved and assigned to Zhongshan Opuilluminating Co., LTD. On October 6, 2012, the trademark was approved and assigned to Opuilluminating Co., LTD. On January 8, 2013, the registrant of the trademark was changed to be the plaintiff in this case.

    On February 21, 2012, Zhongshan Opu Lighting Co., Ltd. registered trademark No. 6647616, Trademark No. 6647583, Trademark No. 6647584 and Trademark No. 6647559 respectively, and approved the use of goods in category 11, including lamps. Bath heater; Bathroom fixtures; Bath bully; Lamp; Heating device; Electric heating device, etc. Valid until February 20, 2022. On March 28, 2012, Zhongshan Opu Zhaoming Co., Ltd. registered the trademark No. 7182788, and approved the use of the commodity as class 11, bath heaters; Bathroom fixtures; Bathroom partition; Solar water heaters; Bath bully; Bathing equipment; Lamps (lighting lamps); Heating device; Electric heating unit. Valid until March 27, 2022. On October 6, 2012, the above five trademarks were approved and transferred to Opple Lighting Co., LTD. On January 8, 2013, the registrant of the above five trademarks was changed to be the plaintiff of this case.

    On September 3, 2007, the state administration for industry and commerce trademark review and adjudication board to make the business review word (2007) no. 6570 on "euro Parsley" 3024602 orders of trademark disputes, identified 1424486 trademark for well-known trademark on the lamp, fluorescent tube goods, rule to cancel the case by the applicant in class 9 electric door opener and other commodities registration no. 3024602 "euro Parsley" trademark. On May 28, 2013, Opp Lighting Co., Ltd. ranked the second place in the 2012 Chinese Light Industrial lighting And Electrical appliance Industry Top ten enterprises Evaluation activity. Trademark No. 1424486 was awarded as "Famous Trademark of Guangdong Province" and "Famous brand product of Guangdong Province" for many times. In September 2006, the state administration of Quality supervision, Inspection and Quarantine awarded opu indoor lamps produced by Guangdong Opu Lighting Co., Ltd. as "China famous brand products".

    The defendant, Yao Pingxiang, was an individual industrial and commercial merchant registered as Luxiang Lighting Shop in Heze Huadu Commercial Port, with the establishment date of December 30, 2011, and the business place was located in No. 126, K District, Huadu Commercial Port, Heze City. The scope of business includes wire, lighting sales, indoor and outdoor decoration.

    The defendant, Song Xigen, was an individual industrial and commercial merchant with the registered name of Wangdian Jiejie Electrical Appliance Factory in Xiuzhou District, Jiaxing City. The establishment date was October 21, 2011, and the business address was located in Group 14, Fengzhen Village, Wangdian Town, Xiuzhou District, Jiaxing City. The business scope includes bath bully, integrated ceiling, heater, ventilator, solar water heater, lighting appliances, etc.

    On June 6, 2013, Song Xigen applied for the registration of the trademark of OUPUBORUI+ Oppel Platinic + graphics combination (OUPUBORUI and "Oppel Platinic" are arranged up and down, the font of "Oppel Platinic" is relatively large, and the sunlike graph is located in the upper left corner of the letter and text combination), and the application number is 12713841. International Classification No. 11 includes light emitting diodes (leds), lighting fixtures, lights, lamps, ventilators and fixtures, exhaust fans, heaters, bathroom fixtures, solar water heaters and bath barbs. The trademark process shows that the trademark is now in the application for trademark opposition.

    The plaintiff authorizes Pingyin Mingde Intellectual Property Agency Service Co., Ltd. to notarize the preservation evidence for the purchase of goods such as bath ba, lamps, sockets and ceiling lamps.

    According to pingyin mingde intellectual property agency services co., LTD., application, May 2, 2014, 17 points and 14 with 26 points, in the shandong pingyin notarization notaries under the supervision of a certain c, notarial personnel armor, pingyin mingde intellectual property agency services co., LTD., the entrusted agent shou-zhen wang in shandong heze peony district huadu district no. 126 of the big market K "ring lamp act the role ofing" inside the store to buy the "op platinum sharp integration ceiling electric" a, "OUPPL" socket box, And get the number for 01591657 to 01591659 in shandong province state tax bureau general fixed invoice three, lamp act the role ofing "ring" a single piece of sales, and with "lu lighting LED lighting maicun deng rings" on a card, shou-zhen wang to the store and buy goods and paper, business CARDS are the pictures (after the above paper, business card copy, the original shall be kept in shou-zhen wang, purchased goods by the public notary seal). On May 21, 2014, Shandong Pingyin County Notarial Office issued the above notarial content (2014) Pingyin Certificate Jing Zi No. 193 notarial certificate.

    On July 13, 2014, 11 at 55 points to 11, in the shandong pingyin notarization notaries under the supervision of a certain c, notarial personnel armor, shou-zhen wang in the king in xiuzhou district of jiaxing city, zhejiang province town store chicken Jane village marked "chicken Jane yao home village head 14" factories, to average consumer identity order "op platinum sharp T60-9" bath bully two (a case), "op platinum sharp T60-3" bath bully four (a case), "op platinum sharp" rectangular LED ultra-thin plate lights ten (a case), "op platinum sharp" twenty square LED ultra-thin plate lights (a case). After paying, Wang Shouzhen got a customer's copy of the "Product Delivery note" marked "Jiaxing Wangdian Town Jie Appliance Factory" and two business CARDS of Song Xigen. After coming out of the factory, Wang Shouzhen took three photos of the factory's exterior. After the aforesaid act is completed, the notary shall photocopy the above-mentioned bills and name CARDS, and the original copies of the bills and name CARDS shall be handed over to Wang Shouzhen for safekeeping. From 9:26 to 9:44 on July 23, 2014, under the supervision of a notary C and a notary A, Wang Shouzhen came to debang Logistics Department, east first Road North of Huangshi Street, Pingyin County, Shandong Province. In the department, she picked up four pieces of well-packed goods and got a single piece of logistics with the tracking number "211774006". After the end of the above behavior, the notary C, Wang will be the above goods, logistics list back to the notary office, under the supervision of the notary C, Wang, first by Wang Shouzhen on the above obtained appearance of the goods 29 photos, and then the above goods packaging box open, There is a "op platinum sharp T60-9" bath bully two (a case), "op platinum sharp T60-3" bath bully four (a case), "op platinum sharp" rectangular LED ultra-thin plate lights ten (a case), "op platinum sharp" twenty square LED ultra-thin plate lights (a case), marked "jiaxing wang shop's lack of imagination electrical appliance factory in the town" of "product delivery note" returns a and RMB 90 cash, then shou-zhen wang has carried on the photo to the above products, paper, cash, 16 photos, then notarial personnel a single copy of the b the bills, logistics, and storing the product, Wang Shouzhen will take eight photos of the appearance of the sealed items, and then hand over the sealed items, the above-mentioned bills, the original logistics list and cash to Wang Shouzhen for safekeeping. On July 28, 2014, Pingyin County Notarial Office in Shandong Province issued (2014) Pingyin Certificate Jing Zi No. 400 notarial certificate.

    (2014) The sealed articles attached to the Certificate no. 193 of Pingyin Certificate, the product name displayed in the box is "Integrated ceiling electrical Components", the quantity is 1 set, the package size is 630×235×347mm, and "T60-3LED carbon fiber" is displayed on one side of the box. The box body around the left and right four sides and the top are printed with the same logo as the trademark no. 12713841, in which the word "OP" is orange and the word "Platinum" is black. Box display manufacturer is Jiaxing Xiuzhou District Wangdian Jie Electrical Factory. In the court, one of the products and one of the instructions were taken out by unpacking the boxes. The words "Oppel Platinum" were printed on the bottom right corner of the panel of the product. The instructions defined "integrated ceiling" as "integrated design of integrated heating and ventilation lighting ceiling". The production date shown in the certificate is February 26, 2014.

    (2014) pingyin certificate by the word no. 400 is notarial deed attached storage items, a total of 4 cases: 1, 1 case annotation Song Xigen - specifications of packing seal for 30 x 310 x 340 mm (notarial deed describing the square), the name for the LED flat light, a total of 20, was divided into 20 separate packing box, packing box of the front, and the product frame on the back of the lower right corner emblazoned with the same as the application number 12713841 trademarks logo, packing box shows the "op" two characters to orange, "platinum sharp" 2 words to black. The manufacturer is Jiaxing Xiuzhou District Wangdian Jie electrical factory. The certificate on the back of the product shows that the production date is July 10, 2014. 2. The sealed product name, package, manufacturer information, instruction manual and trademark of the box marked With Song Xigen-2 and Song Xigen-4 are consistent with the sealed articles attached to the notarization Certificate No. 193 of Pingyin Certificate (2014). Two t60-9 products with the packing size of 630×235×347mm are installed in the boxes marked Song Xigen 2. The production date is shown as July 2, 2014. Four sets of T60-3 and the package size of 630×235×347mm are contained in the box marked Song Xigen-4, and the production date is shown as May 18, 2014. 3. The container marked with Song Xigen-3 contains 10 sets of PRODUCTS with specifications of 640×30×310mm (rectangular as described in the notarial certificate) and names of LED flat lamps, which are divided into 10 independent packaging boxes. The front, back and lower right corner of the product frame of the packaging box are printed with the same logo as the trademark of application No. 12713841. The word "OP" is orange and the word "Platine" is black. The manufacturer is Jiaxing Xiuzhou District Wangdian Jie electrical factory. The certificate on the back of the product shows that the production date is July 5, 2014.

    The defendant Song Xigen said that the t60-3 "integrated ceiling electrical components" he produced cost 118.6 yuan and factory price 125 yuan. T60-9 model cost 215 yuan, factory price 230 yuan. 640×30×310mm LED flat lamp cost 52.6 yuan, factory price 54 yuan. 340×30×310mm LED flat lamp cost 31 yuan, factory price 34 yuan. The stated factory price corresponds to the price at which the Plaintiff purchased the corresponding product. The price of the T60-3 product purchased by the plaintiff from the defendant Yao Pingxiang is 220 yuan. The defendant, Yao Pingxiang, admitted that he did not conduct a review when purchasing the products involved from Song Xigen, nor did he sign a contract with Song Xigen.

    It is also found out that the plaintiff has paid the following expenses for this case (with vouchers attached) : purchase fee of 2330 yuan, notary fee of 4200 yuan, attorney fee of 50,000 yuan, consignment fee of 228 yuan, a total of 56,758 yuan.

    The court considers that the plaintiff is the exclusive owner of trademark No. 1424486 Opu +OPPLE+ graphics, Trademark No. 6647616, trademark No. 6647583, trademark No. 6647584, trademark No. 6647559 and trademark No. 7182788. The above trademarks are within the valid period of registration and their legitimate rights and interests are protected by law. No individual or enterprise shall in any way infringe upon the exclusive right to use a registered trademark legally enjoyed by the plaintiff. The plaintiff has the right to bring an action against the infringement of the right to exclusive use of the said trademark.

    The sealed products involved in the case were produced and sold by Wangdian Jiejie Electric Appliance Factory in Xiuzhou District of Jiaxing operated by the defendant Song Xigen. The defendant, Yao Pingxiang, operated a lighting shop in Heze Huadu Commercial Port, which sold the model T60-3 "integrated ceiling electrical components". The trademark law of the People's Republic of China the first (2) of article 57 respectively, the first item (3) regulation: "without the permission of the trademark registrant, used on the same kind of goods with similar trademark registered trademark, or to use its registered trademark in the similar products of the same or similar trademark, easy to cause confusion", "sales infringement of registered trademark" all belong to the use of a registered trademark infringement. The Supreme People's Court on some issues of applicable law in trademark civil dispute cases to explain "as prescribed in paragraph 1 of article 11 of similar products, refers to the function, purpose, the production department, sales channels, consumption object is the same, or the relevant public generally think that the existence of a specific connection, easy to cause confusion. Article 12 stipulates that whether a commodity or a service is similar or not shall be judged comprehensively on the basis of the general understanding of the relevant public on the commodity or service; The International Classification of Goods and Services for Trademark Registration and the Classification of Similar Goods and Services may serve as a reference for the determination of similar goods and services. The LED flat lamp involved in the case belongs to the same kind of commodity as the lamp in category 11 of the approved trademark of OPp +OPPLE+ No. 1424486 and trademark No. 7182788. "Integration ceiling electric components involved" collection of indoor heating, ventilation, lighting, and no. 6647616, no. 6647583 is a trademark, trademark, logo, no. 6647559 6647584 7182788 trademark for approval to use the bathroom unit 11 goods, electric heating device function, bath bully in such aspects as purpose, sales channels, consumption object, according to the relevant public goods the general understanding of comprehensive judgment, It should be concluded that the product named "integrated ceiling electrical components" produced by the defendant Song Xigen is similar to bathroom devices, electric heating devices and bath bullies. The "LED flat light" and "integrated ceiling electrical components" involved in the case used the combined logo of OUPUBORUI+ Oppel Platin + graphics. Although the Trademark Office of the State Administration for Industry and Commerce has accepted the application of the defendant Song Xigen for the registration of the trademark, the trademark is still in the application for trademark objection and has not been approved for registration. The most recognition part is the composite logo "op platinum sharp" four words, the defendant when using the logo in the product packaging and "op" and "platinum sharp" respectively with different color font, "op" two characters to orange, "platinum sharp" 2 words to black, which will "op platinum sharp" four word segmentation into "op" and "platinum sharp" two phrases. After years of publicity and use, the opu series trademarks, which the plaintiff enjoys the right to exclusive use of trademarks, have gained extensive popularity and influence. The word "Opu" is not a fixed phrase, but has strong originality and distinctiveness, which the two defendants, as the lighting appliance operators, should know. Products involved with the combination of the words "op platinum sharp" logo, easy to make the relevant public mistaken for a euro products in the production of the plaintiff or there is a special relationship with the plaintiff, with the plaintiff's 1424486 euro + OPPLE + graphics trademark, no. 7182788, no. 6647616 is a trademark, trademark, no. 6647583 no. 6647584, no. 6647559 is a trademark, trademark constitutes a similar, no. 7182788 is infringed the plaintiff is the trademark shall enjoy the rights to exclusive use of trademarks. When the defendant Yao Pingxiang purchased the products involved in the case, he failed to fulfill his duty of reasonable examination, could not provide the purchase contract, invoice and other evidence, and could not be exempted from the liability for compensation. The plaintiff requested the two defendants to immediately stop the infringement of the plaintiff's exclusive right to use the trademark and compensate the plaintiff's economic losses and reasonable expenses of safeguarding their rights. The facts are clear and the evidence is sufficient, which should be supported.

    Questions about the amount of compensation for the economic losses, the provisions of article sixty-three of the "trademark law of the People's Republic of China, the holder of the infringed by actual losses, the infringer because of infringing the interests, the registered trademark license fee is difficult to determine, by the people's court according to the circumstances of the infringement of the compensation not exceeding three million yuan. The Supreme People's Court on some issues of applicable law in trademark civil dispute cases to explain "in paragraph 2, article 16 when determining the amount of compensation, the people's court should consider the nature of the infringement, during the period, the consequences, the reputation of the trademark, the trademark the amount of royalties, the types of trademark licensing, time, scope and to stop the infringing act reasonable expenses of the factors such as comprehensive. In view of the actual loss of the plaintiff for infringement, the benefit (received by the defendant for infringement and the registered trademark license fee are difficult to determine, in our comprehensive consideration involved trademark awareness, the two defendants' scale, the action of tort, fault degree and the plaintiff's rights must be reasonable cost factors, reasonably determine the compensation amount. As the producer of the products involved, the defendant Song Xigen, without the permission of the plaintiff, used trademark marks similar to the trademark that the plaintiff enjoyed the exclusive right to use on the same or similar products on a variety of products produced by the defendant, and his infringement had a far wider influence than the retailers. The defendant, Yao Pingxiang, as the seller of the goods, did not fulfill the reasonable duty of examination and care and sold the goods that infringed the plaintiff's right to exclusive use of the trademark in his business premises. He also had some subjective faults and should bear certain liability for compensation. Based on the above factors, the court decided that the defendant Song Xigen should compensate the plaintiff for economic losses and reasonable expenses of 180,000 yuan, and the defendant Yao Pingxiang should compensate the plaintiff for economic losses and reasonable expenses of 20,000 yuan in total. The excessive portion of the plaintiff's claim is not supported.

    In conclusion, on the basis of the general principles of the civil law of the People's Republic of China the first item (7) of the first paragraph of article one hundred and thirty-four, article 57 "trademark law of the People's Republic of China" in the first (2), the first item (3), article sixty-three, the supreme people's court on some issues of applicable law in trademark civil dispute cases interpretation of paragraph 1 of article 11, article 12, article 16 and article 17, paragraph 1 of article 21 of the act, the decision is as follows:

    I. Defendants Song Xigen and Yao Pingxiang shall immediately stop infringing the exclusive right to use the trademark of plaintiff Opple Lighting Co., LTD. No. 1424486, No. 7182788, No. 6647616, No. 6647583, No. 6647584 and No. 6647559;

    Ii. Song Xigen, the defendant, shall compensate the plaintiff OPal Lighting Co., Ltd. for economic losses and reasonable expenses totaling RMB 180,000 within 10 days after the judgment takes effect;

    Iii. Defendant Yao Pingxiang shall compensate the plaintiff for economic losses and reasonable expenses totaling RMB 20,000 yuan;

    4. Other claims of Opal Lighting Co., LTD. Shall be rejected.

    If the pecuniary obligation is not performed within the period specified in this judgment, the interest on the debt for the delayed period shall be doubled in accordance with article 253 of the Civil Procedure Law of the People's Republic of China.

    The case handling fee is 13,800 yuan, 9,600 yuan borne by the plaintiff Opneuming Co., LTD., 3,900 yuan borne by the defendant Song Xigen, and 300 yuan borne by the defendant Yao Pingxiang.

    If you are not satisfied with this judgment, you may, within 15 days from the date of serving the judgment, file an appeal petition with seven copies to the Court and appeal to the Shandong Higher People's Court.

    Judge Su Zhaosheng

    Acting judge Pan Yiying

    People's Juror Kong Baohua

    March 18, 2015

    Clerk Yang Jixia