The Second Intermediate People's Court of Tianjin Civil Judgment

    Tianjin Second Intermediate People's Court

    Written judgment of civil affairs

    (2018) Tianjin 02, No. 80, Early Republic of China

    Plaintiff: Optilight Co., LTD., Room 411, Building 1, No. 6111 Longdong Avenue, Pudong New Area, Shanghai.

    Legal representative: Wang Yaohai, chairman of the board.

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

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

    Defendant: Guangda Laishi Electric Appliance Co., LTD., Jiaxing City, Group 11, Resort Village, Wangdian Town, Xiuzhou District, Jiaxing City, Zhejiang Province.

    Legal representative: Dai Zhiliang, executive Director.

    The plaintiff opple co., LTD. (hereinafter referred to as the company) v. the defendant hedong district of tianjin dragon WeiHua lighting sales department (hereinafter referred to as WeiHua lamp arm), shenzhen op space electric appliance co., LTD., jiaxing everbright leishi electric appliance co., LTD. (hereinafter referred to as everbright leishi company) dispute case of unfair competition, in our hospital from January 2018 Hitachi after 10, form a collegial panel in accordance with the law, in the case, the plaintiff apply to withdraw to the defendant WeiHua lamp arm, shenzhen op space electric appliance co., LTD., the prosecution, shall be allowed. The case followed ordinary procedures and was heard in public on March 22, 2018. The plaintiff Opus company entrusts the litigation agent Wang Yan to attend the lawsuit. After being legally summoned by the court, the defendant everbright Rayshi Company refused to appear in court to answer the lawsuit without justified reasons, and the court tried in absentia according to law. The case is now closed.

    Opp filed a claim against us: 1. The court ordered the defendant Everbright Lighting Co., Ltd. to immediately stop unfair competition behavior, that is, to stop using the words "Shenzhen Opal Space Electric Appliance Co., LTD." on the production and sales of Yuba; 2. The defendant was ordered to compensate the plaintiff for the economic loss and reasonable expenses of safeguarding the rights, totaling RMB 300,000 only; 3. The costs of the case shall be borne by the defendant. Facts and Reasons: The plaintiff is the exclusive owner of "OPPLE", "OPPLE", "Feeling", "The Charm of Light", "OPPLE and Graph" and other series of registered trademarks and related combination trademarks. The above trademark by the plaintiff and the plaintiff associated enterprises managed for decades, the company has become household names, as is known to all of the country's lighting brand, the brand is awarded "China well-known trademark", "guangdong famous trademark" and so on, in the consumer mind "OPPLE" brand in lighting, electrical products has established certain connection with the plaintiff, the brand is loved by consumers. In July 2017, after investigation by the plaintiff, it was found that The Lighting Operation Department of Weihua sold the Bathba which infringed the plaintiff's registered trademark in the store of "Weihua Lighting" at its business site without authorization. The packaging box was marked with the words "Shenzhen Oupu Space Electric Appliance Co., LTD., manufacturer: Jiaxing Everbright Laisi Electric Appliance Co., LTD.". The plaintiff entrusted a notary office to preserve evidence. The plaintiff believes that the defendant Everbright Lighting Co., Ltd. used the word "Shenzhen Opal Space Electric Appliance Co., LTD." in a large font on the production of the involved baoba, which is enough to cause consumers to make a false identification of the product source, violates the principle of good faith and recognized business ethics, and constitutes unfair competition. The defendant's tort has caused huge economic losses to the plaintiff. Therefore, in order to protect their own rights and interests, the plaintiff filed a lawsuit in accordance with the relevant provisions of the Law of the People's Republic of China against Unfair Competition.

    The defendant, Everbright Rayshi Company, did not enter a plea.

    The plaintiff submitted evidence in accordance with the law around the claim, and the defendant did not put forward the opinion of cross-examination. After examination, the court finds that the plaintiff's evidence is authentic, legitimate and relevant and confirms it in the volume. At the trial, the plaintiff submitted (2016) The Notarial certificate of Laifeng City Certificate No. 1184, proving that the infringing products were sold in a wide range of regions. Upon examination, the goods purchased by notarization in the notarial certificate are different from the goods involved in the lawsuit in this case, and the packaging is also different. Therefore, the court will not confirm the lack of correlation with this case.

    After trial and investigation, OUpu company was established on October 21, 2008, with a registered capital of 579479104 yuan. Its business scope includes the production (limited to branches), sales and installation services of electric light source, lighting appliances and electrical switches. Sales of household appliances, building decoration materials, sanitary ware, etc.

    On July 21, 2000, Zhongshan Guzhen Lvming Energy-saving Lighting Factory registered trademark No. 1424486 "OPPLE and Chart", and approved the use of goods as the 11th class, 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 Opp Lighting Co., LTD. On October 6, 2012, the trademark was approved and assigned to Opp Lighting Co., LTD. On January 8, 2013, the registrant of the trademark was changed to OpP Co., LTD.

    On March 28, 2012, Zhongshan Opu Lighting Co., Ltd. registered the trademark "Opu" no. 7182788, and approved the use of class 11 products, 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 trademark was approved and transferred to Opp Lighting Co., LTD. On January 8, 2013, the registrant of the trademark was changed to OPP Co., LTD.

    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" trademark dispute an order no. 3024602, concluded that no. 1424486 "op OPPLE and figure" 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 March 16, 2016, Oupu was awarded the "National Model enterprise of Product and service quality integrity" by China Quality Inspection Association. In July, 2016, Oupu was awarded the title of "Top 100 Enterprises of Building Materials home Furnishing in 2015" by China Building Decoration Association and other awards of lighting decoration and integrated suspended ceiling.

    According to lai city committed intellectual property service center application in laiwu city, on July 30, 2017 in laiwu city in shandong province FengCheng notarization notaries zhang, xu notarial personnel supervision, laiwu city, the city committed intellectual property service center entrusted agent shou-zhen wang in the name of ordinary consumers come to tianjin hedong district 164 tianjin coastal avenue beauty of red star triumphant dragon negative layer G8222 "WeiHua lighting stores, bought a marked" op platinum sharp ", "shenzhen op space electric appliance co., LTD." each one bath bully, made on the spot the store POS issued a credit card slip, The number is 0002687 "Tianjin Weihua lighting delivery list" and a business card. On August 18, 2017, Fengcheng Notary Office of Laiwu City, Shandong Province issued (2017) Fengcheng Certificate Of notary No. 948.

    The product name is "Indoor Heater (Yuba)", and the front and back of the outer packing: the words "OUPUKJIAN+ Indoor heater" are marked in the upper left corner; The left side of the center is the interior view of the bathroom, and the right side is the product view of the indoor heater. Just below the box, the words "Shenzhen Opu Space Electric Appliance Co., LTD" are marked in black and large characters. The upper left corner of the outer package is the same as the other two sides, with the product name and model in the middle, and the words "Shenzhen Opal Space Electric Appliance Co., LTD", "Manufacturer: Jiaxing Everbright Laishi Electric Appliance Co., LTD" and the address telephone number of Everbright Laishi company on the bottom. OUPUKJIAN+ Shenzhen OUPUKJIAN Space Electric Appliance Co., LTD. "is marked on the middle front of the product in the packaging box. The product certificate marked on the product is dated January 5, 2017.

    In addition, it was found that OUpu company spent RMB 180 yuan to buy the products of the bath bully involved.

    Above facts have a trademark registration certificate no. 7182788 and transfer changes certificate, certificate of trademark registration certificate no. 1424486 and transfer changes, the word no. 948 (2017) lai FengCheng card people notarial deed and storage physical buying tickets, the state administration for industry and commerce trademark review and adjudication board "about 3024602" euro Parsley "orders" of trademark disputes, prove that the plaintiff awards (2016) Shanghai xu certificate by the word no. 8869 is notarial deed evidence documented evidence.

    We believe that, after years of production, operation and advertising, oup's trademark and enterprise name have been well known to the relevant public, and it has a high visibility and reputation in the field of lighting fixtures, integrated suspended ceiling and other home appliances. Its trademark "OPPLE and Graph" was recognized as a well-known trademark in 2007, and in 2012, OPp registered the trademark of "Opp" on the products such as Bath Ba, among which the word "Opp" is not a fixed phrase, which has strong originality and significance. The defendant, Everbright Rayshi Company, as the producer of Yuba and other products, should have known op Company and its related trademarks. However, the company name "Shenzhen Oup Space Electric Appliance Co., Ltd." was used in the products involved in the bath bully, which could easily be mistaken by the relevant public as one of oup's product series or have some special connection with Oup, violating the principle of good faith. At the same time, the name of "op" as the enterprise name of identification with the company of the same size, and composition of the anti-unfair competition law of the People's Republic of China "regulation of" unauthorized use of others have some impact on the enterprise name (including, font size, etc.) "ACTS of unfair competition, the defendant is the tort shall bear the corresponding stop tort civil liability and compensate for the losses. About compensation, given that the plaintiff did not provide by the actual loss of the infringement and the benefit (received by the defendant for infringement, we consider the plaintiff trademark and enterprise well-knownness, the nature of the infringement plot, the price of the infringing products, and to stop the infringing act reasonable expenses of the factors such as comprehensive and reasonable to determine the defendant to compensate the company economic loss costs 120000 yuan.

    In conclusion, in accordance with article 2, Article 6, Item (2), and Article 17 of the Law of the People's Republic of China against Unfair Competition, the judgment is as follows:

    I. The defendant, Jiaxing Guangda Raishi Electric Appliance Co., LTD., immediately stopped the production and sale of the infringing indoor heater (Bath Ba) products marked with the words "Shenzhen Oupu Space Electric Appliance Co., LTD.";

    2. The defendant, Jiaxing Everbright Laishi Electric Appliance Co., Ltd. shall compensate the plaintiff, Opal Lighting Co., Ltd. for economic losses and reasonable expenses totaling 120,000 yuan within 10 days after the judgment takes effect;

    3. Other claims of Opp Light Co., LTD were 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 handling fee of the case is 5,800 yuan, 2000 yuan borne by the plaintiff Opple Lighting Co., LTD., and 3,800 yuan borne by the defendant Jiaxing Everbright Laishi Electric Appliance Co., LTD.

    If you are not satisfied with this judgment, you may, within 15 days from the date of serving the judgment, file an appeal petition to the court, and make copies according to the number of parties or representatives of the other party, and appeal to the Tianjin Higher People's Court.

    Chief judge Wang Jiaozhu

    Acting Judge Yan Ping

    People's juror Zhou Yikuan

    March 29, 2008

    Judge assistant Pang Zhen

    Clerk Bai Chaoxia