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

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

    Written judgment of civil affairs

    (2018) Yue 0604, Early Republic of China No. 1990

    Plaintiff: Opai Home Furnishing Group Co., LTD., No. 366, Guanghua 3rd Road, Baiyun District, Guangzhou City, Guangdong Province. Unified social credit code ××97C.

    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: Zhang Lu Sanitary Ware Electric Appliance Firm, Guancheng District, Zhengzhou City; No. 1, 3, 12, Building 28, Broad Sanitary Ware Market, Yao Zhuang Village, Nancao Township, Guancheng District, Zhengzhou City, Henan Province; Business license Registration No. 410104600552673.

    Operator: Zhang Lu, male, Han Nationality, born on February 20, 1983, domicile: Guancheng Hui District, Zhengzhou city, Henan Province,

    Agent AD litem: Peng Heping, lawyer of Guangdong Annan Law Firm.

    Defendant: Kanglin Electric Industrial Co., LTD., Shunde District, Foshan City, one of No. 18, Hutian Road, Shunde High-tech Zone (Ronggui), Ronggui Huaguo Neighborhood Committee, Shunde District, Foshan City, Guangdong Province, unified social credit code ××1XD.

    Legal representative: He Hua.

    Agent AD litem: Xie Xiaoyang, lawyer of Guangdong Longhao Law Firm. Attorney: Xie Zuobing, lawyer of Guangdong Longhao Law Firm.

    Defendant: Chen Jianxiong, male, Han Nationality, born on September 18, 1979, domicile: Chaling County, Hunan Province,

    The plaintiff opie household group co., LTD. (hereinafter referred to as the European group) v. the defendant tube city of zhengzhou city zhang ware electronics firm (zhang) operator, the defendant, Qingdao century European electric appliance co., LTD., the defendant, shunde district, foshan city, Percy electrical industrial co., LTD. (hereinafter referred to as Percy appliances), the defendant chien-hsiung Chen the infringement trademark rights and unfair competition disputes, our college on January 22, 2018 to begin, form a collegial panel in accordance with the law, May 7, 2018 in open trial, The plaintiff, Zhai Mingyue, the agent appointed by Ou Pai Group, the defendant, Peng Heping, the agent appointed by Zhang Lu, the operator of The defendant, Zhang Lu, the electric appliance firm of Guancheng District, Zhengzhou city, and Xie Xiaoyang and Xie Zuobing, the agents appointed by the defendant, Kanglin Electric, were present in the lawsuit. Summoned by the court, defendant Chen Jianxiong refused to attend the proceedings without justifiable reasons. The case is now closed.

    The plaintiff filed a lawsuit to the court: 1. The defendant was ordered to stop using the word "Opai" in its stores to infringe upon the plaintiff's trademark right; 2. Ii. The defendant was ordered to stop the sale of range hoods marked with the words "Youjia Youai Youpai" and "Qingdao Century Oupai Electric Appliance Co., LTD" by Zhanglu Sanitary ware electric appliance firm in Guancheng District, Zhengzhou City. 3. Order the defendant Qingdao Century Oupai Electric Appliance Co., Ltd. to immediately stop the trademark infringement and stop using the word "Oupai" on the lampblack machine involved; Iv. The defendant Qingdao Century Opai Electric Appliance Co., Ltd. and the defendant Kanglin Electric Appliance Co., Ltd. were ordered to immediately stop the unfair competition behavior, namely to stop marking the words "Youjia Youai Youpai" and "Qingdao Century Opai Electric Appliance Co., Ltd." on the lampblack machines involved in their production and sales; V. Order the defendant Qingdao Century Opai Electric Appliance Co., Ltd. to immediately change its enterprise name, and the word "Opai" shall not be used in the changed enterprise name; 6. The defendant was ordered to compensate the plaintiff's economic loss and reasonable expenses for rights protection of A total of RMB 200,000 yuan by The defendant Zhanglu Sanitary ware electric appliance firm of Guancheng District, Zhengzhou city, Qingdao Century Oupai Electric Appliance Co., Ltd. and the defendant Kanglin Electric Appliance. Defendant Chen Jianxiong is jointly and severally liable for the compensation of defendant Qingdao Century Oupai Electric Appliance Co., LTD.; Order the defendant to bear the costs of the case.

    In the lawsuit, the defendant Qingdao Century Oup Electric Appliance Co., Ltd. changed its name to Qingdao Century Oup Electric Appliance Co., Ltd. on April 11, 2018. Therefore, the defendant Qingdao Century Oup Electric Appliance Co., Ltd. changed its name to Qingdao Century Oup Electric Appliance Co., Ltd. and the plaintiff withdrew the fifth claim.

    Fact and Reason: Opie, founded in 1994, is a modern integrated home furnishing service provider in China, whose products include cabinets, kitchen appliances, wardrobes, sanitary ware, wooden doors, bedding, wallpaper, solid surface materials, commercial kitchenware, etc. The plaintiff is the owner of the registered trademark of opai (registration Number: 4378572, Class 11). Since its establishment, the plaintiff, after decades of painstaking operation, has made "Opai" a household name and well-known brand of household appliances and sanitary ware in China, which has successively won the reputation of "China famous brand" and "China well-known Trademark". In February 2017, the plaintiff (stock code: 603833) successfully listed in Shanghai. In the public mind, "Opai" has not only become the representative symbol of the plaintiff's products and enterprise names, but also become a significant identification mark indicating the market subject and commodity source of the plaintiff and its affiliated enterprises. In August 2017, the plaintiff discovered the defendant tube city of zhengzhou city zhang ware electronics firm in the extensive use of "European" in sales marked "have family love the pie", "Qingdao century European electric appliance co., LTD." on the oil absorption, on the outer packing products labeled "European", "Qingdao century European electric appliance co., LTD.", Percy electric industrial co., LTD., shunde district, foshan city, "". The plaintiff entrusts the notary office to preserve the evidence of the infringement. After further investigation, Qingdao Century Europe electrical Appliance Co., Ltd. is a one-person company, and the defendant Chen Jianxiong is the sole shareholder of Qingdao Century Europe electrical Appliance Co., LTD. To sum up, the plaintiff believes that the defendant's production and sale of lampblack hoods involved in the case violates the plaintiff's trademark right, and violates the principle of good faith and recognized business ethics. Its behavior constitutes unfair competition for the plaintiff, and it should bear corresponding responsibility. The defendant, Chen Jianxiong, is the sole shareholder of Qingdao Century Oupai Electric Appliance Co., LTD., and shall bear joint liability to Qingdao Century Oupai Electric Appliance Co., LTD. In order to safeguard the legitimate rights and interests of the plaintiff, in accordance with the Trademark Law of the People's Republic of China, the Law of the People's Republic of China against Unfair Competition and other relevant provisions, we hereby appeal to the court to make a fair judgment in accordance with the law.

    To prove the claim, the plaintiff provides the court with the following evidence:

    1. (2016) The Notarial Certificate of Lai Feng City Certificate No. 347 certifies that the plaintiff has the exclusive right to use the registered trademark No. 4378572.

    2. (2016) The Notarial Certificate of Lai Feng City Certificate No. 350 certifies that the plaintiff has the exclusive right to use the registered trademark No. 1128213.

    3. (2016) Notarial Certificate No. 346 of Laifeng City Certificate, proving that the plaintiff has the exclusive right to use the registered trademark No. 1137521 according to law.

    4. (2016) The Notarial Certificate of Laifeng City Certificate No. 348 certifies that the plaintiff has the exclusive right to use the registered trademark No. 7731876.

    5. (2016) Notarial Certificate No. 352 issued by Fengcheng License, which proves that the plaintiff legally owns the copyright of "" fine art fonts. This work, created on August 10, 1996, is completely consistent with the contents of the registered trademarks No. 4378572, 1128213 and 1137521 of the plaintiff, and also proves that the" "brand of the plaintiff has certain originality and a long history.

    6. The trademark [2009] No. 7 issued by the Trademark Office of the State Administration for Industry and Commerce certifies that the registered trademark "" no. 1128213 enjoyed by the plaintiff was recognized as a well-known trademark by the Trademark Office of the State Administration for Industry and Commerce on April 24, 2009.

    7, (2016), lai FengCheng card people word no. 353 is notarial deed, prove that the plaintiff and the plaintiff brand have high market visibility, content as follows: (1), July 9, 2007, the state administration of quality supervision, inspection and quarantine awarded "China famous brand product certificate", prove that the plaintiff of production European brand household cabinet was awarded "China famous brand product" title. (2) In October 2008, guangdong Provincial Bureau of Quality and Technical Supervision issued the "Guangdong Famous brand Product" certificate, proving that the Oupai brand cabinet produced by the plaintiff was awarded the "Guangdong famous brand Product" title. (3) In February 2008, the Guangdong Province Famous Trademark Certificate issued by the Guangdong Province Famous Trademark Recognition Committee proves that the registered trademark "Opai" No. 1128213 was recognized as a Famous trademark of Guangdong Province in March 2005 and February 2008. (4), in December 2012, China building decoration association kitchen and sanitation engineering committee issued the certificate, proving that the plaintiff in 2012 was rated as "2012 China kitchen and sanitation 100", "overall kitchen leading enterprises top 10". (5) In September 2013, the Guangzhou Municipal People's Government issued the certificate of honor, proving that the quality of the plaintiff company was awarded the "2012 Guangzhou Mayor quality Award". (6), December 28, 2014, certificate issued by the brand watch magazine, prove that the plaintiff's European brand strategy to be included in the "2014 China's annual brand marketing case silver" (7), in January 2015, the guangdong province association of float subsequently, honorary certificate issued by the guangdong furniture chamber of commerce, prove that the plaintiff in 2014 was awarded "top ten most valuable brands". (8) In January 2015, Guangdong Provincial Home Industry Federation and Guangdong Furniture Chamber of Commerce issued the certificate of honor, proving that the plaintiff was awarded "Top 10 Enterprises with Innovation Ability" in 2014.

    8. (2017) The Notarial Certificate of Laifeng City Certificate No. 260 certifies the latest honor of the plaintiff and the plaintiff's brand, which is as follows:

    (1) Guangzhou Famous Trademark Certificate granted by Guangzhou Municipal Administration for Industry and Commerce, valid from January 2016 to December 2018, certifies the popularity of plaintiff OPPEIN in sideboards, furniture, range hoods and bath equipment.

    (2) In May 2016, the Trademark Brand certificate of China industry awarded by China Industry Trademark Brand Review Committee proves that Opie is elected as the trademark brand of China cabinet industry.

    (3) In May 2016, the Certificate of China top 500 Brand Value granted by the Review Committee of China Top 500 Brand Value, which proves the brand value of Opai.

    9, (2016), lai FengCheng card people word no. 357 is notarial deed, prove that the plaintiff part of pay taxes, prove that "European" brand benefit huge profits, the brand value is extremely high, specific content as follows: (1), the guangzhou baiyun district issued by the state administration of taxation cloud duty five [2014] no. 100014 tax certificate, prove that the plaintiff on January 1, 2013 to December 31, 2013 to the bureau to pay taxes next billion boss thousand hundred suhuang spreading Wan Jiu us $3 and pure Angle and pure. (2) the tax payment certificate no. [2014]100579 issued by the state tax bureau of baiyun district, guangzhou, certifying that the plaintiff paid tax on January 1, 2014 solstice on June 30, 2014 to the bureau seven thousand five hundred and ninety-nine thousand nine hundred and ninety-nine yuan nine cents. (3) the tax payment certificate no. [2015] no. 100174 issued by the state tax bureau of baiyun district, guangzhou, certifying that the plaintiff paid a tax of nine thousand five hundred and nine thousand one hundred and twenty-two yuan sixty-eight cents to the bureau on July 1, 2014 and December 31, 2014. (4) the tax payment certificate no. [2015] no. 101552 issued by the state tax bureau of baiyun district, guangzhou, certifying that the plaintiff paid tax on January 1, 2015 solstice on June 30, 2015 to the tax bureau seven thousand five hundred and twenty-two thousand six hundred and sixty-seven point four. (5) the tax payment certificate no. [2016]100274 issued by the state tax bureau of baiyun district, guangzhou, certifying that the plaintiff paid a tax of twelve million two hundred and thirty-six hundred and sixty-seven yuan nine cents to the tax bureau on July 1, 2015. (6) notice no. 00000724 issued by the tax administration bureau of large enterprises of guangzhou local tax bureau certifies that the plaintiff paid tax of four thousand two hundred and twenty-nine thousand nine hundred and seventy-eight yuan eighty sixty cents to the bureau on January 1, 2014. (7) notice no. 00001248 issued by the tax administration bureau of large enterprises of guangzhou local tax bureau certifies that the plaintiff paid the tax on July 1, 2014 and December 31, 2014 to the bureau, i.e., the tax amount of three thousand six hundred and fifty-eight thousand nine hundred and seventy-two cents. (8) notice no. 00003448 issued by the tax administration of large enterprises of guangzhou local tax bureau certifies that the plaintiff paid tax of four thousand two million four hundred and twenty-seven thousand one hundred and forty cents to the bureau on June 30, 2015 on January 1, 2015. (9) notice no. 00004591 issued by the tax administration bureau of large enterprises of guangzhou local tax bureau certifies that the plaintiff paid tax twenty thousand nine hundred and eighty-one thousand nine hundred and thirty-three yuan forty seven to the bureau on July 1, 2015.

    10. (2016) The Legal certificate of Laifengcheng Ziminzi No. 355, which proves that the plaintiff has carried out continuous publicity for the "Opai" brand through CCTV and Hunan SATELLITE TV, and proves that the "Opai" brand has been widely known by the public and has a high brand value. The specific content is as follows: (1), October 30, 2012, the plaintiff and the Beijing international advertising co., LTD. Signed on time boiling "swap space" domestic outfit funded 2013 cooperation agreement, this agreement is agreed on January 5, 2013 to December 28, 2013, 2 sets in CCTV's "exchange space" propaganda of the plaintiff brand, advertising for wu bai suhuang ten thousand yuan. (2), in July 2014, the plaintiff with hunan, hunan radio and television advertising corporation downwind media television project advertising co., LTD. Signed a contract, the contract on September 28, 2014 to October 12, 2014, in hunan TV's 10th golden eagle festival closing ceremony and awards section is relevant to the plaintiff, brand advertising for above ten thousand yuan. (3) on November 6, 2013, the TV advertisement release contract signed by the plaintiff and zhejiang zhimei auto advertising co., LTD., which stipulates that the plaintiff's brand shall be publicized on CCTV news channel on January 1, 2014 and the advertising fee shall be four thousand four hundred and sixty-three thousand nine hundred and seventy yuan. (4) on November 27, 2014, the sponsorship and cooperation agreement of 2015 "exchange space" home decoration fund signed by the plaintiff and Beijing ontime boiling international advertising co., LTD. The agreement agreed that on April 4, 2015 solstice on March 26, 2016, the plaintiff's brand would be promoted in the second set of "exchange space" column of CCTV, and the advertising fee would be six million yuan. (5) on October 22, 2014, the advertising agency contract signed by the plaintiff and kashgar yinsong culture media co., LTD., the agreement provides that on January 1, 2015, solstice, December 31, 2015, the advertising fee of the plaintiff shall be twenty-three million nine hundred and seventy thousand yuan for promoting the plaintiff's brand on the CCTV news channel.

    11. (2016) The Notarial Certificate no. 356 issued by Lifeng City Certificate, which proves that the plaintiff spent a huge amount of money to hire the star Jiang Wenli to speak for "Europa" products, which further proves that the plaintiff spent a huge amount of money to promote Europa brand.

    12. (2017) The Notarial Certificate of Laifengcheng Certificate No. 1478 (including the infringing material object sealed by the notary office), certifying the facts of infringement by the defendant.

    13. One notarization fee note. The plaintiff claims 1000 yuan in this case, which proves the plaintiff's reasonable expense in safeguarding his rights.

    14. Screenshot of the website of the defendant Qingdao Century Oupai Electrical Appliances Co., LTD., certifying that Qingdao Century Oupai Electrical Appliances Co., LTD changed its business name to Qingdao Century Oupai Electrical Appliances Co., LTD on April 11, 2018

    15. A screenshot of the web page of Foshan Shunde Kanglin Electrical Industrial Co., LTD., proving that the phone number 0757-232××× 8 on the product involved is the same as that on the product produced by Foshan Shunde Kanglin Electrical Industrial Co., LTD.

    The court recognizes the authenticity of the evidence provided by the plaintiff as the basis for ascertaining the facts of the case.

    The defendant, Zhang Lu of Gucheng District, Zhengzhou, argued that the products sold by the defendant had legitimate sources and had stopped selling and should not be held responsible. We do not know whether the products of Foshan Shunde Kanglin Electrical Industrial Co., LTD are used falsely and the sales quantity is small.

    The defendant zhang Lu, an electric appliance firm in Guancheng District, Zhengzhou city (operator Zhang Lu), submitted the following evidence:

    1 copy of business license certifying that the defendant Zhanglu Sanitaryware electric appliance firm of Guancheng District, Zhengzhou city has the legal authorization of Qingdao Century Oupai Electric Appliance Co., LTD.;

    2. Ouer Trademark Registration Certificate, which proves that the products sold are significantly different from the products sued by the plaintiff;

    3. Copy of power of attorney, proving that the eur trademark belongs to the registered by Chen Yulan and that the trademark on the products sold by him is different from the products involved in the case;

    4. Copies of THE ID CARDS of Yulan Chen and Jianxiong Chen, which prove that Yulan Chen is the holder of the registered trademark of "Ou Er" and That Jianxiong Chen is the legal representative of Qingdao Century Oupai Electric Appliance Co., LTD., authorized to sell to the plaintiff;

    5. Copy of the letter of authorization, which proves that Qingdao Century Oupai Electric Appliance Co., Ltd. authorized the defendant Zhanglu Sanitary ware electric appliance firm of Guancheng District, Zhengzhou City to sell products;

    6. The bank statement shows that several products involved in the case were placed, but no sales or benefits were achieved.

    The authenticity of the evidence submitted by Zhang Lu, the operator of Zhanglu Sanitary ware electric appliance firm in Guancheng District, Zhengzhou city, shall not be confirmed. The correlation shall not be confirmed, because there is no OUER trademark on the products involved, only OUER, and the use of "OUER" characters in the products involved cannot be proved to have a legal source.

    The defendant Percy electrical argues, no production, sales, in the case of our products, the production base on the notarial deed address is ronggui, shunde district, foshan city, "sincerity electrical appliance factory, telephone, address, names of defendant Percy electric equipment, products involved is a trademark of" OUER ", not the pie, "the home has love Europe clique" is also a slogan, is not a trademark. The plaintiff cannot prove our infringement, please dismiss his claim.

    The defendant, Kanglin Electric, submitted a certificate, name card, Guangdong value-added tax electronic general invoice, receipt, and a copy of user information obtained by China Mobile and China Telecom to prove that the telephone number on the notarial certificate and product package was not that of the defendant Kanglin Electric.

    The court confirmed the authenticity of the evidence submitted by defendant Corin, but the above evidence could not exclude the fact that the phone number 232×× 802327×××8 on the product involved belonged to defendant Corin, so it did not confirm its evidential strength.

    No evidence was presented by the defendant, Chan Kin-hung.

    On the basis of admissible evidence and the parties' statements, the Court ascertained and confirmed the following facts:

    (I) Opie Group, founded on July 1, 1994, is a joint-stock company engaged in furniture manufacturing.

    On June 7, 2007, guangzhou opie hutch ark enterprise co., LTD., by the state administration for industry and commerce trademark office (hereinafter referred to as the trademark bureau) for approval the registration no. 4378572, "" a registered trademark shall use the goods of class 11 gas furnace, microwave oven (kitchenware), electric cooker, baking equipment, cooking utensils, faucets, bathroom equipment, disinfect cupboard, water filter, basin of wash one's hands and sanitary equipment (components), steam bath, sitz bath tub and shower equipment, shower cubicle, taking a bath, basin, toilet, kitchen smoke lampblack machine, lamp (as), Registration is valid from June 7, 2007 to June 6, 2017. Then the name of the registrant of the trademark is changed to Opai Home Furnishing Group Co., LTD.

    In September 2007, Opai cabinet products were rated as "China famous brand products" by the General Administration of Quality Supervision, Inspection and Quarantine. In October 2008, Opai cabinet products were rated as "Guangdong famous brand products" by Guangdong Bureau of Quality and Technical Supervision. In February 2008, the plaintiff's trademark "Opi" No. 1128213 was identified as a "famous trademark of Guangdong Province" on the sideboard, storage rack and dish cupboard. On April 24, 2009, the trademark of "Opai" on the category 20 sideboard goods of the plaintiff was identified as "well-known trademark" by the Trademark Office.

    In addition, from August 1, 2013 to July 31, 2015, the plaintiff employed Jiang Wenli as the image spokesperson of Eurogroup and carried out publicity under the slogan "There is a family, there is love and there is Eurogroup". Since April 15, 2015, Sun Li has been employed as the image spokesperson of Eurogroup brand.

    (2) on September 7, 2017, the plaintiff's attorney shou-zhen wang countries with FengCheng in laiwu city in shandong province notary office staff to the henan province xx area south cao rural village of x x x x x x x x market building, the "kitchen help appliances stores," shou-zhen wang bought a marked "Qingdao century European electric appliance co., LTD." each one oil absorption, kitchen burning gas, obtained the store POS issued credit card slip a receipt, the kitchen help appliances and printed with the word "zhang" card, shou-zhen wang for the shop, location within the three photos, at the same time to buy goods, The notary shall seal up the above articles and give them to Wang Shouzhen for safekeeping. The Fengcheng Notary Office of Laiwu city, Shandong Province supervised the above process and issued the (2017) Fengcheng Notary Office no. 1478.

    In trial, accuser opened the product that afore-mentioned notarization bought in court, accuser charges the tort product of this case is lampblack machine. Open the packaging, in product oil absorption a, specification a, two copies of the warranty card, a copy of the certificate of approval, the production date designated on the oil absorption for August 30, 2017, side face on the outer packing and manual, warranty card, certificate and the top are marked with "Qingdao century European electric appliance co., LTD.", the plaintiff thinks that the behavior violated the plaintiff's right to enterprise name; The front, rear, left and right sides and top of the outer packing cases, as well as the product panels, instructions and certificates are marked with "Youjia Youai Youpai", which infringes on the plaintiff's right to exclusive use of the trademark. At the same time, because "Youjia Youai Youpai" is the advertising slogan used by the plaintiff for many years, the use of The defendant's Kanglin Electric appliances also constitutes an unfair competition; The picture attached to the notarial certificate shows that the defendant used Qingdao Century Europe Electrical appliance in the shop of Zhanglu Sanitary appliance electric appliance company in Guancheng District, Zhengzhou city, which belongs to trademark infringement. In addition, the packing cases are marked with "Qingdao Century Oupe Electric Appliance Co., LTD", "Foshan Shunde Kanglin Electric Appliance Industrial Co., LTD", "Address: No. 18, Huatian Road, Shunde High-tech Zone (Ronggui), Foshan City, Guangdong Province", "Telephone number 0757-232××× 8 and fax number 0757-2327×××8".

    Defendant tube city of zhengzhou city zhang ware electronics firm (zhang) operator think its European electric appliance co., LTD. Qingdao century legal authorization, and to have "family love Europe clique" slogan does not understand, in the store is just propaganda, Qingdao century European electric appliance co., LTD., and Qingdao century European electric appliance co., LTD. Is a legally registered company, therefore does not constitute infringement.

    The defendant, Kanglin Electric Appliances, believed that "You Have a family, you have love and You have Opie" was not a trademark. The phone number on the outer package was the information published on the website, and the name and address shown on the warranty card had nothing to do with us, so it was not produced by the company.

    (3) The defendant, Zhang Lu, was registered and established on June 8, 2013 in Guancheng District, Zhengzhou, as an individual industrial and commercial firm, whose business scope covers wholesale and retail of toilet, faucet, electrical appliances and sanitary fittings.

    The defendant, Chen Jianxiong, was the sole shareholder of Qingdao Century Opai Electric Appliance Co., LTD., which was established on June 7, 2011 as a limited liability company solely owned by natural persons. The registered capital was RMB 100,000 yuan, and the business scope was wholesale of household appliances, electronic products, sanitary ware and kitchen equipment. On April 11, 2018, the company name was changed to Qingdao Century Oju Electric Appliance Co., LTD. On June 15, 2018, the defendant Qingdao Century Oju Electric Appliance Co., LTD was approved and cancelled.

    The defendant, Kanglin Electric Co., LTD., was registered and established in Shunde District, Foshan city on June 30, 2009 with the registered capital of RMB 100,000 yuan. Its business scope is manufacturing household appliances, hardware products, stoves, water heaters, etc.

    The court holds that this case is a case of infringement of trademark rights and unfair competition disputes.

    At issue in this case are: 1. Whether the defendant has committed the alleged infringement; 2. 2. Whether the ACTS of the three defendants constitute trademark infringement and unfair competition; 3. The responsibility that should be borne.

    Focus on 1, according to the industrial and commercial registration materials, according to township is located in henan province xx district south cao village x x x x x x x x market building, the "kitchen help appliances" shops tube city of zhengzhou city industrial and commercial registration name for the defendant zhang ware electronics firm zhang (operator), the tube city of zhengzhou city, zhang lu, business card, the defendant zhang ware electronics firm (zhang) operator shops are using the word "Qingdao century European appliances", and is accused of infringement by its product sales.

    The outer packing boxes of the alleged infringing products are marked with the words "Youjia Youaiyouopai", "Qingdao Century Ouopai Electric Appliance Co., LTD", "Foshan Shunde District Kang Lin Electric Appliance Industrial Co., LTD", "Address: No. 18, Huatian Road, Shunde High-tech Zone (Ronggui), Foshan City, Guangdong Province", "Telephone number 0757-232××× 8 and fax number 0757-2327×××8". Therefore, it can be concluded that the defendant Kanglin electric Co., Ltd. and Qingdao Century Opai electric Co., Ltd. jointly carried out the infringement act. The defendant Percy appliances argues that the products are not involved in the production and sales, but the outer packing label production enterprise name, address, telephone number Percy appliances business information is consistent with that of the accused, the outer packing label production enterprise information, product anti-counterfeiting warranty card and instruction manual with for consumers to identify the function of product producers or sellers, with a clear point to the nature of the product provider. Accordingly, in the absence of refuting evidence provided by the defendant Kanglin Electric Appliance and Qingdao Century Oupai Electric Appliance Co., LTD, the products accused of infringement were determined to be jointly produced and sold by the defendant Kanglin Electric Appliance and Qingdao Century Oupai Electric Appliance Co., LTD.

    On Focus 2, whether the actions of the three defendants constitute trademark infringement and unfair competition.

    Article 48 of the Trademark Law; "The use of trademarks as mentioned in this Law means the use of trademarks on commodities, packages or containers of commodities and trade documents, or the use of trademarks in advertising, publicity, exhibitions and other commercial activities to identify the sources of commodities." (1) Using a trademark identical with a registered trademark on the same kind of goods without the permission of the registered trademark owner; (2) using, without the permission of the trademark registrant, a trademark similar to its registered trademark on the same good s or a trademark identical with or similar to its registered trademark on similar good s, which is liable to cause confusion... ." According to the Supreme People's Court on some issues of applicable law in trademark civil dispute cases interpretation of article 9, the provisions of article 10, in trademark infringement cases that advocate for the rights of accused of infringement identification and whether the registered trademark constitutes approximation, should regard trademark or its constituent elements involved significant degree, market popularity, such as the specific circumstances, in the consideration and comparison form, pronunciation and meaning of the text, graphic composition and color, or on the basis of the combination of elements of the structure, the whole or the major part is the possibility of market confusion to comprehensive analysis and judgment.

    According to the facts identified in this case, the plaintiff no. 4378572 registered trademark in the 11th class of goods is approved use scope including range hood, and the case is accused of infringement products for range hood, both belong to similar goods. The defendant tube city of zhengzhou city zhang ware electronics firm (zhang) operator card, shop store USES the word "European", and sales on the product packaging and instruction of "the home has love with European" words "Qingdao century European electric appliance co., LTD.", "European" two words highlight use, is accused of infringement identification "European" and advocate for the rights of the plaintiff, compared to no. 4378572 "registered trademark" the pronunciation and meaning are the same, the relevant public to general attention easily confused between the two, therefore, We decided that the accused of zhengzhou tube city zhang ware electronics firm (zhang) operator card, shop store USES the word "European", and sales on the product packaging and instruction of "the home has love is the" word "Qingdao century European electric appliance co., LTD." in a "European identity" and advocate for the rights of the plaintiff in the case of trademark constitutes a confounding approximation. According to afore-mentioned legal regulation, without the permission of trademark registrant, accused Zheng Zhou city guan Cheng District Zhang Lu installs electric equipment firm (operator Zhang Lu) to use the trademark that is similar with plaintiff register trademark on same commodity, already constituted trademark infringement. Therefore, the defendant Kanglin Electric Appliance and Qingdao Century Oupai Electric Appliance Co., Ltd. produced and sold the products involved in the case, which also constituted trademark infringement.

    Article 2 of the Law of the People's Republic of China against Unfair Competition: "Business operators shall abide by the principles of voluntariness, equality, fairness and good faith in their production and business operations, and abide by the law and business ethics." . Article 6 stipulates: "A business operator shall not commit the following confusing ACTS that may cause it to be mistaken for another person's goods or have a specific connection with another person: (3) unauthorized use of the names of enterprises (including shortened names and shop names, etc.), of social organizations (including shortened names, etc.) and names (including pennames, stage names, and translated names, etc.) that have certain influence on others; ." . This case, "Europe" is the font size in the plaintiff opie group enterprise name, the plaintiff opie group is the domestic famous furniture production enterprise, in the class the sideboard 20 "European" trademark by the trademark office identified as well-known trademarks, its enterprise also won many honors, such as China famous brand product, guangdong well-known trademark, top 2012 China hutch defends, integral kitchen top ten leading enterprises, the 2012 guangzhou mayor quality prize, in 2014, guangdong generic 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 and the plaintiff opie group "European" font size across the country have high visibility, and by the relevant public know, belong to the first (3) of article 6 of the anti-unfair competition law "enterprise name" prescribed in item. The prior rights enjoyed by the plaintiff Eurogroup are protected by the General Provisions of the Civil Law of the People's Republic of China and the Law of the People's Republic of China against Unfair Competition. In the registration of enterprise name, in order to comply with the good faith and recognized business ethics, should have the obligation to give the prior well-known trademark and name to avoid. But Qingdao century European electric appliance co., LTD was established on June 7, 2011, the plaintiff's "European" font size has higher visibility, in the plaintiff's ", "", under the status of well-known trademark, the defendant guangdong opie when applying for a registered enterprise name will remain" Europe "as its enterprise name recognition in different market main body core identity size of enterprise, its intentionally subjective has clearly clings to the plaintiff's goodwill, objectively make the confusion or association errors, easy to make a relevant public services provided by the source to its confusion, induce the public for the link. Its behavior constitutes unfair competition and infringes upon the prior enterprise name right of the plaintiff. Defendant Percy, Qingdao century European electrical appliances co., LTD., used in production and sales of the products involved "with family love European", because the plaintiff the slogan is a great deal of publicity and has high social reputation, the two defendants on products using the slogan obviously have hitchhiked deliberately to make the relevant public services provided by the source to its confusion, induce the public for the link. The conduct constitutes unfair competition.

    With regard to Focus 3, the civil liability of the defendants.

    The court confirmed that the products involved were jointly produced and sold by the defendant, Kanglin Electric Co., Ltd. and Qingdao Century Oupai Electric Co., LTD. Article 8 of the Tort Liability Law of the People's Republic of China stipulates that if two or more persons jointly commit a tort and cause damage to another person, they shall bear joint liability. In this case, the defendant Kanglin Electric Appliance co., Ltd. and Qingdao Century Opai Electric Appliance Co., Ltd. have the joint intention to carry out the trademark infringement and unfair competition, which constitutes a joint infringement, and they should bear joint liability for compensation to the plaintiff. Because Qingdao century European electric appliance co., LTD., April 11, 2018 the enterprise name changes to the house electric appliance co., LTD., Qingdao century in June 15, 2018 in Qingdao century European electric appliance co., LTD., approved the cancellation, and the defendant chien-hsiung Chen as its sole shareholder, the defendant chien-hsiung Chen cannot prove the company property is independent of the shareholders own property, so in Qingdao century European house electric appliance co., LTD., the defendant chien-hsiung Chen should be liable to pay for the debts of the company.

    According to the provisions of Paragraph 1 and Paragraph 3 of Article 63 of the Trademark Law of the People's Republic of China, "The amount of compensation for the infringement of the exclusive right to use a trademark shall be determined according to the actual loss suffered by the right holder due to the infringement; Where the actual loss is difficult to determine, it may be determined in accordance with the profits the infringer has gained from the infringement; Where it is difficult to determine the losses of the right holder or the profits of the infringer, a reasonable multiple of the licensing fee for the trademark shall be determined by reference to the said trademark. If it is difficult to determine the actual losses suffered by the obligee as a result of the infringement, the interests gained by the infringer as a result of the infringement, or the licensing fee of the registered trademark, the people's court shall, in light of the circumstances of the infringing act, make a judgment to compensate the obligee not more than THREE million yuan ". At the same time, article 20 of the Anti-Unfair Competition Law stipulates that if a business operator violates the provisions of this Law and causes damage to the injured business operator, it shall be liable for damages. The Supreme People's Court on the trial of civil cases of unfair competition "the explanation of application of law in article 17 of the regulation:" determined in article 5 of the anti-unfair competition law, article 9, article 14 of the regulation of damage compensation of ACTS of unfair competition, can consult to determine the use of a registered trademark infringement damage compensation method ". The defendants constitute trademark infringement and unfair competition. The actual loss the plaintiff to the case and the defendant of the illegal income derived therefrom are not sure, we consider the reputation of the plaintiff's awareness and comprehensive three infringement of the defendant's subjective intent, plot, business scale, is accused of infringement product sales, and other factors, has decided the defendant tube city of zhengzhou city zhang ware electronics firm zhang (operator) to the plaintiff compensation for the economic losses of RMB 15000 yuan, the defendant Percy electronics compensate the plaintiff for the economic loss of 85000 yuan, the defendant chien-hsiung Chen Percy appliances to the defendant should bear the liability for compensation shall be jointly and severally liable. The above compensation amounts have included the reasonable expenses incurred in the case.

    In accordance with the provisions of Article 120 of the General Provisions of the Civil Law of the People's Republic of China, where a civil right is infringed, the infringed shall have the right to request the infringer to bear the liability for tort, to demand that the infringement be stopped and to compensate for the loss. Therefore, the court should support the plaintiff's request of the defendant, Zhang Lu, the operator, and The defendant, Kang Lin, to stop the infringement. Qingdao Century Ouju Electric Appliance Co., Ltd. has been cancelled. Therefore, the court will no longer support the plaintiff's claim of infringement.

    In conclusion, in accordance with the law of the People's Republic of China on the general civil law "article one hundred and twenty, article 8 of the tort liability law of the People's Republic of China, the law of the People's Republic of China company law article sixty-three, article 56 of the" trademark law of the People's Republic of China, paragraph 2 of article 57, paragraph 1 of article sixty-three, paragraph 3, "anti-unfair competition law of the People's Republic of China" in article 2 of the first paragraph, the first (2) of article 6, article 17 and article sixty-four of the civil procedural law of the People's Republic of China, the provisions of article one hundred and forty-four of the judgment by default is as follows:

    Tube city of zhengzhou city (3) the defendant zhang ware electronics firm zhang (operators) from the day of the enforcement of this decision to immediately stop the trademark infringement, to immediately stop use the wording "European" in our stores, and immediately stop sales marked "have family love the pie", "Qingdao century European electric appliance co., LTD." on the oil absorption;

    2. The defendant, Foshan Shunde Kanglin Electric Appliance Industrial Co., Ltd. shall, on the effective date of this judgment, immediately stop the trademark infringement and unfair competition behavior, namely, stop the production and sale of the range hoods marked with the words "Youjia Youai Youpai" and "Qingdao Century Oupai Electric Appliance Co., LTD";

    3. The defendant, Zhang Lu, The operator, From Guancheng District, Zhengzhou City, shall compensate the plaintiff, Opai Home Furnishing Group Co., Ltd. for the economic loss of RMB 15,000 within 10 days from the effective date of this judgment (including the reasonable expenses incurred due to rights protection);

    Iv. The defendant, Foshan Shunde Kanglin Electric Appliance Industrial Co., LTD., shall compensate the plaintiff, Opai Home Furnishing Group Co., LTD., for the economic loss of RMB 85,000 yuan within 10 days from the effective date of this judgment (including reasonable expenses incurred due to rights protection);

    V. Defendant Chen Jianxiong is jointly and severally liable for the compensation liability borne by defendant Kanglin Electric Industrial Co., LTD., Shunde District, Foshan city, in the fourth judgment mentioned above;

    Vi. Rejecting other claims of the plaintiff Opai Furniture Group Co., LTD.

    If the defendant fails to perform his pecuniary obligation within the period 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 delayed period.

    4300 yuan, the fees for accepting the case shall be borne by the plaintiff opie household group co., LTD. 1200 yuan, the zhengzhou city tube city zhang ware electronics firm zhang (operators) burden of 800 yuan, Percy electric industrial co., LTD., shunde district, foshan city, the defendant burden of 2300 yuan, the defendant chien-hsiung Chen Percy electric industrial co., LTD., shunde district, foshan city, to the defendant should pay the fees for accepting bear joint liability to pay.

    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 a copy according to the number of the other party, and appeal to the Intermediate People's Court of Foshan, Guangdong.

    Chief Judge Wu Zhanhong

    People's Juror Ho Shao-li

    People's Juror Li Ruifen

    October 10, 2008

    Clerk Zhang Shuer