Civil judgment of the Second People's Court of Zhongshan City, Guangdong Province

    The Second People's Court of Zhongshan City, Guangdong Province

    Written judgment of civil affairs

    (2016) No. 6095, Early Republic of Guangdong 2072

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

    Legal representative: Yao Liangsong, chairman of the board.

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

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

    Defendant: Zhongshan Leidi Electric Appliance Co., LTD., one of 49 Lianfeng Le Road, Xiaolan Town, Zhongshan City, Guangdong Province, China.

    Legal representative: Mo Xian, General manager of the company.

    Agent AD litem: Ma Yuwen, lawyer of Guangdong Guanghong Law Firm.

    Agent AD litem: Wu Jinying, lawyer of Guangdong Guanghong Law Firm.

    Defendant: Zhongshan Longdi Electric Appliance Co., LTD., No. 18, Jianyuan Road, Tongle Industrial Park, Anle Village, Dongfeng Town, Zhongshan City, Guangdong Province.

    Legal representative: Liu Yueming.

    Defendant: Guangdong Opai Technology Co., LTD., No.313-6, 3rd Floor, 22 Licitang Road, Shangjia, Ronggui Street Office, Shunde District, Foshan City, Guangdong Province.

    Legal representative: Su Liangzhu, company manager.

    Agent AD litem: Lian Yan, lawyer of Guangdong Bodao Jujia Law Firm.

    Agent AD litem: Liang Zhengping, lawyer of Guangdong Bodao Jujia Law Firm.

    Defendant: Zhongshan Apuda Electric Appliance Co., LTD., one of the 2nd floors, No. 41 Xingchang East Road, Jichang Village, Dongfeng Town, Zhongshan City, Guangdong Province, its domicile.

    Legal representative: Wang Fan.

    The plaintiff opie household group co., LTD. (hereinafter referred to as the European household company) with the defendant in zhongshan sporty) electric appliance co., LTD. (hereinafter referred to as the thunder emperor company), zhongshan dragon emperor electric appliance co., LTD. (hereinafter referred to as "dragon emperor company), the guangdong science and technology co., LTD. (hereinafter referred to as the guangdong company), zhongshan's electric appliance co., LTD. (hereinafter referred to as" love at company) the infringement trademark rights and unfair competition disputes, Hitachi after June 7 in our hospital in 2016, in accordance with the applicable ordinary procedure, on August 15, 2017 public hearing on the trial. Wang Ning, the plaintiff's agent AD litem, Wu Jinying, the defendant's agent AD litem, and Liang Zhengping, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent AD Litem, the defendant's agent. The case is now closed.

    Opai Home Furnishing Company filed a lawsuit against the court: 1. The court ordered Leidi Company to immediately stop the sale of gas stoves marked "Guangdong Opai Industrial Co., LTD." and "Guangdong Opai Technology Co., LTD."; 2. 2. Order Longdi Co., LTD., Guangdong Opai Co., Ltd. and Epda Co., Ltd. to immediately stop the production and sale of gas stoves marked "Guangdong Opai Industrial Co., LTD." and "Guangdong Opai Technology Co., LTD."; 3. The court ordered Leidi Co., LTD., Longdi Co., LTD., Guangdong Opai Co., Ltd. and Epida Co., Ltd. to compensate opai Furniture Co., Ltd. for economic losses and reasonable expenses of rights protection of 500,000 yuan in this case. Facts and Reasons: Opie Furniture Co., Ltd. is the holder of the registered trademarks "OPPEIN" and other trademarks of category 11. Opie household company since its inception, after decades of operation, have "European" molded into the household, furniture, electrical appliances, sanitary ware brand known to all, gained the Chinese famous brand, Chinese well-known trademark, such as reputation, in the public mind, "European" don't, but European household products and the company on behalf of the symbol of the enterprise name, also be instructed to send home company and affiliated enterprise significant recognition of market main body and the sources of identity. In March 2016, Opai Furniture Company found that Leidi Company sold a large number of gas stoves labeled as "Guangdong Opai Industrial Co., LTD." and "Guangdong Opai Technology Co., LTD." on Alibaba, and applied for notary office to protect evidence against the above infringement. After further investigation, Opai furniture Company found that the manufacturer marked on the above product packaging boxes was Longdi Company, and the product panel and instructions were marked with the enterprise name of Guangdong Opai Company, and the product instructions were also marked with the enterprise name of Epda Company. To sum up, the thunder emperor, dragon emperor, guangdong company, love's company for clings to European household company enjoys its reputation as the "European brand", deliberately in the store, the product on the illegal use of words "European" and approximate with European household company name, not only against European company the right to exclusive use of a registered trademark of household, also go against the principles of honesty and credit and recognized business ethics, constituting unfair competition for European household company, to the European household company caused economic losses. Accordingly, Europe sends household company to bring a lawsuit to the court, and make above lawsuit request.

    Sporty) arguing that 1. First of all, article 9 of the regulations of the notarization procedure rules "notary party means and notarization and have an interest in its own name to the notary agency to apply for notarization" and the provisions of article 13 "notary organ practice areas of the provinces, autonomous regions, and municipalities directly under the central government of the judicial administrative organ shall appraise", while the entrusted agent mentioned in the case of infringement notarial deed Yang today is not a European household, the company's employees, nor in the notarial deed with Yang today the licensed materials, it does not belong to the notary party, did not have the right to apply for notarization, and notarization is approved area, However, the notarial certificate issued by Fengcheng Notary Office of Laiwu City, Shandong Province, violates the above provisions, belongs to the procedure of illegal; Secondly, notarization is to obtain evidence for rights protection, and the appeal of this case is based on unfair competition rather than intellectual property infringement. The identity of the notary may not be that of the notary. Therefore, this case tort notarial certificate can not be used as evidence. 2. The alleged infringing product was purchased from a third party and not produced by Leidi Company. Leidi company did not know that the product was an infringing product. 3. Guangdong Opai Co., Ltd. is a legally registered enterprise. The words "Guangdong Opai Technology Co., Ltd." marked on the online store and products involved by Leidi Co., Ltd. are legally used and do not constitute unfair competition. 4. In the case of 6093 and 6094 in the early Republic of China of Yue 2072 (2016), Opai Furniture Company claimed that the same notarial certificate constituted unfair competition, and the fact of the three cases was the same behavior. Therefore, opai Furniture Company filed this lawsuit against the principle of non-compliance. To sum up, the request rejected the appeal of Opai furniture Company.

    Guangdong company argue that 1. The shop is open a sporty) company, involved has nothing to do with the guangdong company, before the European household company evidence preservation, guangdong company and the other defendants do not exist, the trademark license and the enterprise name authorization, guangdong company also have no production is accused of infringement product, is accused of infringement product labeling "guangdong opie industrial co., LTD." "guangdong opie technology co., LTD.", the "guangdong opie industrial co., LTD." is a complete enterprise name, do not have brand recognition, "guangdong science and technology co., LTD." approved by the Ministry of Commerce and industry registration, the enterprise name is public information, Others can use without authorization, therefore, Opai furniture Company claims that opai guangdong company trademark infringement is not based on. 2. Guangdong company enterprise name was approved on April 30, 2014, the Ministry of Commerce and industry and the formal registration and establishment, the font size, approved by the department and the European household company approved by the department of the enterprise name belong to guangdong province administration for industry and commerce management, European household company "European" brand has won the award for the well-known trademark, the administration for industry and commerce of guangdong province also already started to its well-known trademark name to protect, but it is still approved enterprise size, guangdong company proved that guangdong company size, the enterprise name for the home company's well-known trademark constitutes unfair competition. Opie household company is engaged in the trademark classification class 20 household industry, production and sales of the products are cabinets, wardrobe, and guangdong company engaged in the technology industry, both belong to different industries, there is no competition, no evidence shows that after being accused of infringing products, production and sales behavior of European household industry and production and sales of damage or loss. Moreover, the production, sales, promotion and promotion of Opie household products are limited to the cabinet and wardrobe products of category 20, while there is no evidence that opie household products have been produced, sold and promoted. The "Opai" brand of Opai furniture Company has not formed a unique corresponding relationship in the electrical industry and is not well-known. Therefore, there is no basis for Opai to claim that Opai in Guangdong constitutes unfair competition. To sum up, opai furniture Company's appeal is unreasonable and groundless, and the request is rejected.

    Longdi And Epda did not reply.

    The parties have provided evidence according to law around the claims, and the court has organized the parties to exchange and cross-examine evidence. The court confirms and supports in the volume the evidence that the parties have no objection. The disputed evidence, we decided as follows: European household evidence provided by the company: 1. The word no. 347 (2016) lai FengCheng card people notarial deed and word no. 675 (2017) lai FengCheng card people notarial deed and word no. 350 (2016) lai FengCheng card people notarial deed and word no. 346 (2016) lai FengCheng card people notarial deed and word no. 348 (2016) lai FengCheng card people notarial deed, have the original check, and are issued by the notary organ, can confirmed opie household power source, and associated with this case, so we found; 2.(2016) No. 352 notarization certificate of Laifeng City certificate has no connection with the facts to be proved in this case, and the court will not confirm its connection; 3. The approval of the trademark "Opai" as a well-known trademark is issued by the National Trademark Office. There is an original copy for verification, which can prove the popularity of the trademark "Opai" and is related to this case. 4. (2016) Notarial Certificate No. 353 issued by the notarial office after checking the original, and the certificate of honor attached to the notarial certificate can indirectly reflect the popularity of Opai Furniture Company, which is related to this case, which will be recognized by the court; 5. (2016) Notarial Certificate No. 357 of Laifengcheng Certificate No. 354 of Laifengcheng Certificate No. 354 of Laifengcheng Certificate no. 354 of Laifengcheng Certificate no. 354 of Laifengcheng Certificate no. 357 of Laifengcheng Certificate No. 354 of Laifengcheng Certificate no. 354 of Laifengcheng Certificate no. 354 of Laifengcheng Certificate No. 354 of Laifengcheng Certificate No. 354 of Laifengcheng Certificate No. 6. (2016), word FengCheng card people notarial deed, (2016) no. 355 lai FengCheng card people word notarial deed, no. 356 issued by the notary organ, reflect the European household for companies operating in the process of promotion and the fact that it hired well-known star endorsements, can reflect the European household company profile, in the absence of contrary evidence refute, we found; 7. Information from newspapers and magazines. The report is published to the public, reflecting the publicity of Opie Furniture Company and confirming the popularity of Opie Furniture Company. 8. (2016) The Notarial Certificate no. 449 of Laifengcheng Certificate is issued by the notary office and is related to this case. Therefore, the court confirms it. 9. The notary fee invoice can reflect the rights protection expenditure of Opai Household Company, which is recognized by our hospital. The evidence provided by Lei Di Company: the power of attorney. The authenticity of the evidence cannot be verified without checking the original copy, so the court will not confirm it. The evidence provided by Guangdong Opai Company: 1. The trademark certificate, which opAI Furniture Company has no objection to its authenticity, is not related to the dispute in this case, so the court will not confirm its relevance; 2. 2. Jiangshan European door industry co., LTD., enterprise information and introduction, wuxi saint treasure vehicle manufacturing co., LTD. Enterprise information and introduction, suzhou Sue the European wood industry co., LTD., enterprise information and introduction, henan opie electric appliance co., LTD. Enterprise information and introduction, opie paint chemical company, European leather goods companies, such as European machinery enterprise information and introduction, use "the European" two characters as an enterprise size series of enterprise information, the use of "European" two characters and has been registered as trademarks right to exclusive use of a series of brand information, the evidence has nothing to do with the case dispute to the fact that, in our hospital for its correlation with refusal to acknowledgment; 3. According to a series of reports on serious quality problems of "Opai" brand cabinet products, Guangdong Opai Company did not provide originals for verification, which were all sourced from the Internet. Authenticity and legality cannot be recognized by our hospital; 4. Guangzhou Intermediate People's Court (2014) Civil Judgment No. 310 of Guangzhou Zhongfa Zhichuan Early Republic Of China, Guangdong Opai Company did not provide the original for verification, and the evidence is not related to this case, so the court does not recognize the evidence; 5. Guangdong company business subject registration information, (2017), guangdong shunde notarial deed, no. 33763 is the evidence that reflect guangdong company location for office, industrial and commercial registration but no proof that guangdong company without production or authorization, entrust other production product, namely the evidence could not prove its purpose, therefore, our college about the evidence will not be adopted; 6. Opai furniture Company's external advertising pictures and shop front pictures. The evidence is printed.

    According to the statement of the parties and the evidence confirmed by examination, the facts confirmed by the court are as follows: Opai Furniture Company was founded on July 1, 1994, with a registered capital of RMB 373581112, and its business scope is furniture manufacturing industry. Founded on November 6, 2013, With a registered capital of RMB 30,000, Laidi Company engages in the production, processing and sales of household appliances and accessories. Longdi Company was founded on July 30, 2014, with a registered capital of RMB 1,000,000. Its business scope covers the production, processing and sales of gas water heaters, disinfection cabinets, range hoods, gas stoves, etc. The enterprise nature of guangdong European company is a limited liability company (natural person sole proprietorship), founded in 2014, on April 30, a registered capital of 10000000 yuan, scope of business of biotechnology products, household appliances, metal products, electrical accessories, water purification equipment, air to water heaters, bathroom supplies, daily necessities, household items, electrical materials, electronic products research and development, processing, manufacturing, sales, etc. Epda was founded on May 11, 2015 with a registered capital of 500,000 YUAN. Its business scope covers the production, processing and sales of household appliances, kitchen appliances and hardware products. Opai Household Products Co., Ltd. is the owner of the registered trademarks no. 4378572, No. 1137521 and No. 1128213, which are approved to be used in the 11th and 20th classes. The approved commodities include gas stoves and kitchen range hoods, etc. The above trademarks are all within the valid period. Opai Household Is the owner of the trademark "OPPEIN" No. 7731876 approved for use in class 11. The products approved for use include kitchen range hoods, etc., and the trademark is within the term of validity.

    On April 24, 2009, the Trademark Office of the State Administration for Industry and Commerce recognized the trademark of "Opai" on the sideboard of category 20 of the International Classification of Goods and Services as a well-known trademark. In September 2007, the General Administration of Quality Supervision, Inspection and Quarantine of the People's Government of China awarded opai household cabinet "China famous brand". In October 2008, The Bureau of Quality and Technical Supervision of Guangdong Province awarded Opai household Products as guangdong famous brand cabinet products. In February 2008, "Opai" trademark was recognized as "Famous trademark of Guangdong Province" by Guangdong Famous Trademark Recognition Committee. In December 2012, European home furnishing company by China building decoration association hutch and sanitation engineering committee identified as "2012 China hutch and sanitation 100" "overall kitchen leading enterprises top 10", effective term of a year. In September 2013, The Guangzhou Municipal People's Government awarded Opai the title of "2012 Guangzhou Mayor Quality Award". On December 28, 2014, the case of Opai Furniture Company evaluated by Brand Watch magazine was selected as the silver Award of 2014 Chinese Brand Marketing Case of the Year. In January 2015, Guangdong Home Furnishings Federation and Guangdong Furniture Chamber of Commerce jointly awarded Opai home Furnishing Company the title of "Top 10 Most Valuable Brands" and "Top 10 Innovative Enterprises" in guangdong pan-household field in 2014.

    On October 30, 2012, Europa home furnishing company signed a sponsorship cooperation agreement with Beijing ontime boiling international advertising co., LTD. It was agreed that Europa home furnishing company would sponsor two sets of "exchange space" home decoration fund of CCTV. The contract was performed on January 5, 2013, solstice on December 28, 2013, and the sponsorship advertising fee was RMB 5700000. On July 20, 2013, Opai Furniture Company hired Jiang Mou as its brand spokesperson. On November 11, 2013, Europa furniture company signed a TV advertisement release contract with zhejiang XXXX advertising co., LTD. It was agreed that Europa furniture company entrusted zhejiang zhimei car advertising co., ltd. to release the advertisement during the period of January 1, 2014 solstice and December 31, 2014. The release medium was cctv-news channel, and the cost was RMB 40463970. In July 2014, the European household company and hunan, hunan XXXX XXXX advertising corporation co., LTD., television advertising project contracts, agreement: European household company commissioned XXXX advertising company in hunan, hunan XXXX co., LTD issued "the 10th golden eagle festival closing ceremony and awards" project related advertising, distribution medium for hunan broadcast hunan satellite TV channels, release time is on September 28, 2014 to October 12, 2014, cost $18000000, using the slogan of "there is love, there's a, have the pie". On October 22, 2014, Europa furniture company signed an advertising agency contract with XXXX culture & media co., LTD. It was agreed that XXXX culture & media co., ltd. would act as an agent for Europa furniture company to advertise on cctc-news "global view" on January 1, 2015, solstice on December 31, 2015, and the agreed fee was 23,970000 yuan. On November 27, 2014, Europa furniture company and Beijing XXXX international advertising co., ltd. signed the cooperation agreement on the sponsorship of home decoration fund, which agreed that Europa furniture company would sponsor the home decoration fund of two sets of "exchange space" of CCTV. The contract was performed on April 4, 2015, solstice on March 26, 2016, with the sponsorship advertising fee of RMB 6,000,000.

    In 2010, Opie home Furnishing company put an advertisement in a Cabinet in Shanghai, using the slogan "You have a home, you have love, you have Opi". In 2011, Opai home Furnishing company put advertisements in Linchuan Evening News, Zhuhai Special Zone Newspaper, Anqing Daily, Sales market, Ruili Home furnishing and decoration world respectively, using the slogan "Youjia, Youai, Youopai". The brand spokesperson employed in the above advertising promotion is Jiang Mou.

    On March 9, 2016, Opai Furniture Company applied for evidence preservation to Fengcheng Notary Office in Laiwu city, Shandong Province. On the same day, in the public notary notary public and staff, under the supervision of the sent home company entrusted agent Yang today use notary office computer in alibaba suppliers for online purchase "zhongshan sporty) electric appliance co., LTD." online sales of kitchen burning gas, Yang today during operation on the relevant page screenshots and videos. Then, under the supervision of the notary on the spot, Yang Jinzhao printed the above screenshots in triplicate and burned the above video files and screenshots in the notary office in triplicate. The notary staff put the above CDS into the evidence bag and affixed the seal of fengcheng Notary Office in Laiwu city, Shandong Province for sealing. On March 14 of the same year, under the supervision of the notary staff, Yang came to the "Debang" business department of ×× × Avenue, ×× District, Ledwu City. Yang took the goods in the business department with intact outer packing and marked with the words "household gas cooking utensils". Notary personnel will receive the goods back to the notary office, under the supervision of notary personnel, Yang Today will open the above goods, there is marked in the packing box "Guangdong Opai technology Co., LTD." a gas stove, a manual for use, an anti-counterfeiting quality guarantee card. The notary staff sealed the above articles and gave them to Yang Jin Jin for safekeeping. On March 14 of the same year, under the supervision of the notary staff, Yang Jinzhao used the notary office computer to purchase the supplier for the "Zhongshan Leidi Electrical Appliances Co., LTD." online shop to confirm the receipt of gas stoves. Yang Jin in the operation of the relevant page for screenshots and video. Then, under the supervision of the notary on the spot, Yang Jinzhao printed the above screenshots in triplicate and burned the above video files and screenshots in the notary office in triplicate. The notary staff put the above CDS into the evidence bag and affixed the seal of fengcheng Notary Office in Laiwu city, Shandong Province for sealing. Fengcheng Notary Office of Laiwu City, Shandong Province issued the notary Certificate of Laifeng City Certificate Minzi No. 449 (2016) to the above facts.

    After trial examination, the gas stove purchased by the notarization sealed in good condition, notary seal and seal integrity. Boxes labeled "guangdong industrial co., LTD." "manufacturer: zhongshan dragon emperor electric appliance co., LTD.", the open the packing cases, there is a kitchen burning gas a, directions, anti-counterfeit quality warranty card a, kitchen burning gas fuselage and anti-counterfeiting quality warranty card marked "guangdong science and technology co., LTD.", using manual cover marked "opie technology co., LTD. (producer) of guangdong province", marked on the back "opie technology co., LTD. (producer) of guangdong province" "dongfeng town, zhongshan city of love's da electric appliance co., LTD., address: east phoenix town xing chang road industrial park". The parties have no objection to the above facts. Opai Home Furnishing Company believes that the labeling of "Guangdong Opai Industrial Co., LTD." on the outer package of the alleged infringing products constitutes trademark infringement, and that the labeling of "Guangdong Opai Technology Co., LTD." on the body of the products, the operating instructions and the anti-counterfeiting quality guarantee card constitutes unfair competition. Reddy acknowledges that the alleged infringing products were sold by reddy, but does not consider them to constitute trademark infringement or unfair competition. Guangdong Opai Company believes that its enterprise name has been approved and registered by industry and commerce, which will not be confused with the enterprise name of Opai Household Company. The outer package of the product accused of infringement is inconsistent with the information marked on the body of the product, the operation manual and the anti-counterfeiting quality guarantee card. The product is a counterfeit product, but no evidence has been provided to prove it.

    During the trial, both parties failed to provide evidence on the amount of losses suffered by Opai Household Company due to its infringement and the profits made by the infringer due to the infringement. Opai said its reasonable costs include attorney fees (not providing a bill), travel expenses (not providing a bill), notarization fees, and the cost of buying the alleged infringing product.

    The court believes that the focus of the dispute in this case is: 1. Whether the tortious notarial certificate is valid and whether Opai furniture Company sues repeatedly; 2. 2. Who produces and sells the accused infringing products; 3. Whether the defendant's act constitutes a tort; 4. Subject and amount of compensation.

    1. Article 25 of the Notarial Law of the People's Republic of China stipulates that "if a natural person, legal person or any other organization applies for notarization, it may apply to the notarial office in the place of his domicile, habitual residence, place of conduct or place of fact". Lei Di Company believes that it is illegal for Opai household Company to apply for evidence preservation to the notary office of Fengcheng in Laiwu city, Shandong Province. We believe that the law for advocacy specification rather than mandatory norms, the party may apply for notarization to local, place of habitual residence, behavior, or the facts occurred the notary organ, the parties did not apply for notarized by the notary organization in the above-mentioned places does not affect the validity of the notarization, as a result, the sporty) company claims that no legal basis, we will not be adopted. Article 69 of the Civil Procedure Law of the People's Republic of China provides that "legal facts and documents notarized through legal procedures shall be taken as the basis for ascertaining facts by the people's court, unless there is evidence to the contrary which is sufficient to overturn the notarization." In this case, Laidi Company, Longdi Company, Guangdong Opai Company and Epda Company have not provided contrary evidence to overturn (2016) The Notarial certificate no. 449 of Laifengcheng Certificate, so the court confirms the notarial certificate. In addition, Reidy company believes that opai Furniture Company claims that reidy company constitutes unfair competition on the basis of the same notarial certificate, which is a duplicate lawsuit. After examination, the court considers that this case is inconsistent with the accused infringing products in the previous case, which is not a duplicate lawsuit.

    2. Reddy company confirms the sale of the alleged infringing products, and the court confirms it. Accused of infringement product outer packing mark the wording "zhongshan dragon emperor electric appliance co., LTD." and the fuselage, operating instructions, anti-counterfeiting product quality warranty card on the word "guangdong opie technology co., LTD.", product packaging, instruction manual, product quality warranty card transaction documents of production enterprise information for consumers to identify the function of product producers or sellers, which has a clear point to the nature of the product provider, the dragon emperor, guangdong European companies did not provide a rebuttal evidence, we decided that was accused of infringing products from dragon emperor, guangdong company production and sales company. Using the instructions on the back of the labeled "dongfeng town, zhongshan city of love's electric appliance co., LTD., address: east phoenix town xing chang road industrial park", Europe sent home company on the basis of claims love's company together with dragon emperor, guangdong European companies production and sales have been accused of infringing products, we believe that the company name, address, and love's name of the enterprise, industrial and commercial registration address of the company are different, there is no evidence that both for the same subject, therefore, cannot consider love's company is accused of infringement product producers.

    3. (1) Counterfeiting the registered trademark of others; (3) making unauthorized use of another person's enterprise name or name to mislead others into believing it is another person's commodity ". This case, "Europe" is the European household font size on your company's business name, is also a European household company use of trademark, European household company is the domestic famous furniture production enterprise, in the class 20 tableware on ambry, "European" trademark by the trademark office identified as well-known trademarks, its enterprise also won many honors, such as China's brand-name products, famous trademarks of guangdong province, 2012 China top hutch defends, whole kitchen top ten leading enterprises, 2012 guangzhou mayor quality prize, 2014 guangdong household field top ten most valuable brands, innovation ten strong enterprise honorary title, In CCTV, hunan TV station and other print media for advertising, pay a lot of advertising costs, visible "European" series of products as well as the "European" font size across the country have high visibility, and by the relevant public know, European furniture company's prior rights by "general principles of the civil law of the People's Republic of China" and "anti-unfair competition law of the People's Republic of China". Ray emperor company sales and dragon emperor, guangdong company production and sales marked "guangdong science and technology co., LTD." the kitchen burning gas, easily mistaken for the product and make the relevant public European companies there is a link between household, easy to make the relevant public source for products cause confusion and mistakes, damage the legitimate rights and interests of European household company, three the defendant's act clearly violated the unfair competition law of the People's Republic of China "the provisions of article 2" in the market transaction, an operator shall follow the the principles of voluntariness, equality, fairness, honesty and credit ", violated the recognized business ethics in the market, The violation of the right to the enterprise name of Opai Home Furnishing Company is an act of unfair competition, and the three defendants shall bear tort liability.

    On the question whether The trademark infringement is constituted by Laidi Company, Longdi Company and Opai Company in Guangdong. Accused of infringing products marked "guangdong opie industrial co., LTD." is a complete enterprise name, "Europe" as enterprise size, and the words "European" is not prominent use, did not play a role of trademark recognition, this behavior belongs to ACTS of unfair competition, so the European household company claims is accused of infringement product labeling words "guangdong opie industrial co., LTD." constitute a trademark infringement cannot be established.

    4. The parties failed to provide evidence for the infringer committing ACTS of unfair competition in European furniture company of the actual loss as well as the profits of the infringer, we consider the household company's brand awareness and the infringer's scale of operation, the infringer during the implementation of the nature of the infringement, and the consequences, as well as the degree of subjective fault, European household attorney's fees, incurred by the company to stop infringement notarial fees, travel expenses, the cost of buying infringing material factors, such as our discretionary sporty) company pay compensation to the European household company 20000 yuan (including reasonable expense to stop the infringement), Longdi Company and Guangdong Opai Company shall pay an indemnity of 100,000 yuan to Opai Household Company (including reasonable expenses for preventing infringement).

    The refusal of Longdi company and Epda Company to attend the court proceedings without justifiable reasons after being legally summoned by the court may be regarded as waiving the right of defense in this case, but it will not affect the court's judgment according to law.

    To sum up, in accordance with the general principles of the civil law of the People's Republic of China, in the second paragraph of the first paragraph of article one hundred and thirty-four, the law of the People's Republic of China against unfair competition law "article 2, article 5, paragraph 1, paragraph 3, article 20, the supreme people's court on the trial of civil cases of unfair competition" the explanation of application of law in the first article, article 4, article 6, paragraph 1 of article 17, and the civil procedure law of the People's Republic of China, article sixty-nine and article one hundred and forty-four of the first paragraph of article sixty-four of the act, the default judgment is as follows:

    I. The defendant, Zhongshan Leidi Electric Appliance Co., LTD., shall immediately cease to sell the gas stoves marked "Guangdong Opai Technology Co., LTD." as of the date of the legal effect of this judgment;

    2. The defendant, Zhongshan Longdi Electric Appliance Co., Ltd. and Guangdong Opai Technology Co., Ltd. immediately stopped the production and sale of gas stoves marked "Guangdong Opai Technology Co., LTD." as of the date of the legal effect of this judgment;

    3. The defendant, Zhongshan Leidi Electric Appliance Co., Ltd. shall, within 5 days from the date of the legal effect of this judgment, pay the plaintiff, Opai Home Furnishgroup Co., LTD., an indemnity of 20,000 YUAN (including reasonable expenses paid to stop infringement);

    4. The defendant, Zhongshan Longdi Electric Appliance Co., Ltd. and Guangdong Opai Technology Co., Ltd. shall, within 5 days from the date of the legal effect of this judgment, pay the plaintiff, Opai Household Products Group Co., LTD., an indemnity of 100,000 yuan (including reasonable expenses paid to stop infringement);

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

    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 8,800 yuan, 20% of which is 1,760 yuan borne by the plaintiff Opai Household Group Co., LTD., 20% of which is 1,760 yuan borne by the defendant Zhongshan Leidi Electric Appliance Co., LTD., and 60% of which is 5,280 yuan borne by the defendant Zhongshan Longdi Electric Appliance Co., Ltd. and Guangdong Opai Technology 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 to the court, and make copies of the appeal according to the number of the other party or the representatives, and appeal to the Intermediate People's Court of Zhongshan city, Guangdong Province.

    Guo Ning, chief judge

    People's Juror Ho Chi Min

    People's juror Chen Yan

    August 23, 2017

    Clerk Lu Guotang