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

    No. 1180, 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.

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

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

    Defendant: Yongfeng Electric Co., LTD., Guancheng District, Zhengzhou City, Henan Province, No.17, Row 6, No. 85 zhengbian Road, Guancheng District, Zhengzhou City.

    Operator: Yang Baoying, female, born on September 13, 1971, Han Nationality, living in Yongfeng County, Ji 'an city, Jiangxi Province.

    Attorney: Zeng Xinhua, male, born on June 7, 1971, Han Nationality, living in Yongfeng County, Ji 'an city, Jiangxi Province, the husband of operator Yang Baoying.

    Defendant: Zhongshan Opai Thermal Energy Technology Co., LTD., Tongle Industrial Park, Tongan Village, Dongfeng Town, Zhongshan City, Guangdong Province (beside Kangze Company).

    Legal representative: Liu Weidong.

    Attorney: Luo Faki, male, born on August 21, 1990, Han Nationality, living in Zhongshan city, Guangdong Province, is an employee of the company.

    Defendant: Zhongshan Wanmei Huwei Electric Appliance Co., LTD., No. 9, 2nd Street, Tonghua Road, Tongle Industrial Park, Tongan Village, Dongfeng Town, Zhongshan City, Guangdong Province.

    Legal representative: Li Xiuhua.

    Agent AD litem: Wang Feng, lawyer of Guang Dong Sen Long Law Firm.

    The plaintiff opie household group co., LTD. (hereinafter referred to as the European household company) and the defendant of zhengzhou tube city yongfeng electrical firm (hereinafter referred to as yongfeng electrical firm), zhongshan opie heat energy technology co., LTD. (hereinafter referred to as the European heat energy companies), zhongshan city beauty hutch defends electric appliance co., LTD. (hereinafter referred to as the hutch defends company) the infringement trademark rights and unfair competition disputes, 17 Hitachi after in our hospital from January 2018, summary procedure in accordance with the law, public hearing on March 28, 2018 for a trial. Wang Ning, the plaintiff's agent AD litem of Opai furniture Company, Zeng Xinhua, the defendant's agent AD litem of Sinopac electric firm, Luo Fage, the defendant's agent AD litem of Opai Thermal Energy Company, and Wang Feng, the defendant's agent AD litem of Wanmei Kitchen and bathroom company, attended the lawsuit. The case is now closed.

    Opai Household Furniture Company files a lawsuit to the court: 1. The court orders Sinopac Electric Appliance Firm to immediately stop infringing upon the trademark right of OpAI Household Furniture Company by using the word "OpAI" on store signs, stores and business CARDS; 2. 2. Order Yongfeng Electric Appliance Firm to immediately stop the sale of range hoods and gas stoves marked "Opai" and "Zhongshan Opai Thermal Technology Co., LTD."; 3. Judge Opai Heat Energy Company and Wanmei Kitchen & Bathroom Company to stop the trademark infringement immediately and stop marking the words "OUP" and "OUP" on the range hood and gas stove products produced and sold by them; 4. Order Opai Heat Energy Company and Wanmei Kitchen & Sanitation Company to immediately stop unfair competition and stop labeling "Zhongshan Opai Heat Energy Technology Co., LTD" on the range hoods and gas stoves produced and sold by them; 5. Order Opal Thermal Energy Company to change its enterprise name immediately, and the word "Opal" shall not be used in the changed enterprise name; 6. The court ordered d3 to compensate Europa Home Furnishing Company for its economic losses and reasonable expenses of safeguarding its rights. Fact and Reason: Opai household was founded in 1994, is the leading brand in the whole cabinet industry, the products cover the whole wardrobe, kitchen appliances, bathroom, commercial kitchenware and other fields. The "OPPEIN" and "OPPEIN" series of trademarks owned by Oupai household furniture Co., LTD., after decades of meticulous construction and huge investment in advertising, have been transformed into household, electrical and sanitary brands that are well known throughout the country and have successively won the reputation of China famous brand products and China famous trademark. In February 2017, Opai Furniture Company was successfully listed in Shanghai with the stock code of 603208, which further established its leading brand advantage in the industry. Nowadays, in the public's mind, "Opai" is not only the representative symbol of the products and enterprise names of Opai furniture companies, but also the significant identification mark indicating the market subjects and commodity sources of opai furniture companies and associated enterprises. In August 2017, the European household company found yongfeng electrical firm in store signs, extensive use of the word "European" in sales marked "European" "guangdong opie technology co., LTD." on the oil absorption, kitchen burning gas, in the place such as product packaging, product labeling, "European" "zhongshan opie heat energy technology co., LTD." "OUP" "production base: zhongshan than beauty hutch defends electric appliance co., LTD.". For the above infringement, Opai Furniture Company applied for notary office for evidence preservation. To sum up, the three defendants to clings to European household company enjoys its reputation as the "European" OPPEIN "brand", deliberately in the shop, product illegal use of the "European" words "zhongshan opie heat energy technology co., LTD.", this behavior not only violated European company the right to exclusive use of a registered trademark of household, also used in the enterprise name, "European" words, cause goods source of confusion, mistake is enough to cause consumers, contrary to the principles of honesty and credit and recognized business ethics, constitutes unfair competition and caused economic losses to the European company. Accordingly, Europe sends household company to bring this case lawsuit to the court.

    Sinopac Electric Appliance Firm argues that sinopac electric Appliance Firm is small in scale and has no intention of infringement subjectively. The products accused of infringement were only purchased under the promotion of salesmen in 2016. Now it has stopped the infringement and asks OpA Home Furnishing Company to withdraw the lawsuit against it.

    Opal Thermal argued that the alleged infringing product was made by opal Thermal but under a different trademark than opal Home.

    1. The Company does not produce or sell the alleged infringing products under its own brand, nor does it authorize a third party to use its corporate information. It is not clear why the alleged infringing products are marked with its corporate information. 2. The claims of Opie furniture Company are not based on facts and the amount of loss claimed is obviously too high; Accordingly, ask a court to dismiss lawfully Europe sends household company to Sue to its.

    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 June 22, 2011, Sinopac Electric Appliance Co., Ltd. is an individual industrial and commercial enterprise. Its business scope covers wholesale and retail range hoods, kitchen appliances, water heaters and disinfection cabinets. Opp Thermal Energy Company was founded on April 1, 2012 with a registered capital of 100,000 yuan and shareholders of Weidong Liu and Yongfeng Li. Its business scope covers the production and sales of thermal energy equipment, electrical appliances, gas appliances and processing hardware. Wanmei Huwei Company was founded on June 3, 2014 with a registered capital of 100,000 yuan and shareholders of Li Xiuhua and Li Yongfeng. Its business scope covers the production, processing and sales of electric water heaters, gas water heaters, range hoods, gas stoves, disinfection cabinets, integrated stoves, hardware glass products, hardware products and household appliances.

    Opie household company is no. 4378572 "European" registered trademark, the obligee shall be used by product category for 11 categories, including gas furnace, microwave oven (kitchenware), electric cooker, baking equipment, cooking utensils, faucets, bathroom equipment, disinfect cupboard, water filter, wash one's hands basin (sanitary equipment parts), sauna, sitz bath tub and shower equipment, shower cubicle, taking a bath, basin, toilet, kitchen smoke lampblack machine, lamp, the renewal of valid until June 6, 2027. European household company is no. 1137521 "European" registered trademark, the obligee shall be used by product category for 11 categories, including the kitchen stove, gas stove, electric cooker, cooker, refrigeration equipment, drying equipment, hot and cold water filter, beverage cooling equipment, electric water bottles, refrigeration container, the renewal of valid until December 20, 2027. Opie household company is no. 1128213 "European" registered trademark, the obligee shall use commodity categories for 20 classes, such as furniture, kitchen cabinets, metal furniture, cupboards, tableware, shelves, storage shelves, washstand (furniture), food truck car (furniture), dinner (furniture), counter, the renewal of valid until November 20, 2027, the trademark on April 24, 2009 by the state administration for industry and commerce trademark office identified as well-known trademarks. Opie household company is no. 7731876 "OPPEIN" registered trademark, the obligee shall be used by product category for 11 categories, including dome light, oven, cooker, gas stove, water heater, refrigerator, freezer, kitchen smoke lampblack machine, the laboratory with furnace, faucets, bathroom equipment, bath with equipment, flush toilet, wash one's hands pool (sanitary equipment parts), disinfection cabinet, water filter, electric heaters, lighters, valid until March 31, 2021.

    Opie Thermal Energy Co., Ltd. is the holder of the trademark "OUP" No. 8772070, and the approved products are classified as Class 11, including lamps, cooking utensils, water heaters, refrigerators, kitchen range hoods, air conditioning equipment, disinfection equipment, water dispensers, heaters and hair dryers, valid until November 6, 2021.

    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 February 2008, "Opai" trademark was recognized as "Famous trademark of Guangdong Province" by Guangdong Famous Trademark Recognition Committee. In October 2008, The Bureau of Quality and Technical Supervision of Guangdong Province awarded Opai household Products as guangdong famous brand cabinet products. 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. In May 2016, the Chinese industry trademark brand appraisal committee appraised Opai furniture Company's "Opai" as the sixth Chinese cabinet industry trademark brand, and the Chinese Top 500 Brand appraisal committee appraised the brand value of Opai furniture company's "Opai" as 16.603 billion yuan, which was selected into the tenth China Top 500 Brand value. Guangzhou Municipal Administration for Industry and Commerce recognizes the trademark "OPPEIN" and "OPPEIN" used in sideboards, furniture (wardrobes), kitchen range hoods and bath equipment of OPPEIN Household As famous trademarks of Guangzhou Municipality, valid from January 2016 to December 2018.

    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, The Company hired Jiang Wenli as its spokesperson. On November 11, 2013, Europa furniture company signed a TV advertisement release contract with zhejiang zhimei chewen advertising co., LTD. It was agreed that Europa furniture company entrusted zhejiang zhimei chewen advertising co., ltd. to release the advertisement during January 1, 2014 solstice on 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 radio and television advertising corporation downwind media co., LTD., television advertising project contracts, agreement: European household company commissioned in hunan, hunan radio and television advertising corporation downwind media co., LTD., published "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 kashgar yinsong culture & media co., LTD. It was agreed that the kashgar yinsong culture & media co., ltd. would act as an agent for Europa furniture company to advertise in cctc-news "global view" on January 1, 2015 and December 31, 2015. The agreed fee was 23,970,000 yuan. On November 27, 2014, Europa home furnishing company and Beijing ontime boiling international advertising co., ltd. signed the cooperation agreement on the sponsorship of home decoration fund, which agreed that Europa home furnishing company would sponsor two sets of "exchange space" home decoration fund 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 Wenli.

    On August 27, 2017, Opai Furniture Company applied for evidence preservation to Fengcheng Notary Office in Laiwu city, Shandong Province. On September 7, 2017 in the notarization notaries and under the supervision of staff, opie household company entrusted agent shou-zhen wang in the name of ordinary consumers to * * *, city, district of henan province "opie appliances stores, shou-zhen wang in the shop to buy a marked with" zhongshan opie heat energy technology co., LTD. "on the oil absorption of a kitchen burning gas, a and marked with" opie hutch defends (guangzhou) co., LTD. "with the words of single focal one, on the spot in the store POS machine card voucher issued a receipt, and a bearing the words" wang jing wei "a business card. Wang Shouzhen took 12 photos of the shop inside and outside. After the above actions, Under the supervision of the notary, Wang Shouzhen took 29 photos of the above items. Then the notary sealed up the above range hood and gas stove, and took three photos of the sealed items. Finally, the notary gave the sealed items to Wang Shouzhen for safekeeping. Fengcheng Notary Office of Laiwu City, Shandong Province issued a notarial certificate of Laifengcheng Certificate No. 1489 for the above facts (2017). The picture attached to the notarial certificate shows the words "Oupai Technology Quality Assurance" and "Oupai Electrical Appliances" on the external signboard, inside the shop and on the business card of the above shop.

    Through trial examination, the above notarization purchased range hood, gas stove sealed in good condition, notary seal and seal integrity. Big side with the container of oil absorption, "European science and technology quality assurance" "OUP" brand, with a small side label, marked "product model CXW - 238, 3 C certification no. 2012010716542110, zhongshan opie heat energy technology co., LTD.", below marked with "opie heat energy technology co., LTD., zhongshan city, the production base: all the hutch defends electric appliance co., LTD., zhongshan city, address: dongfeng town, zhongshan city of guangdong province deep road industrial park with the pleasure of China second street 9, telephone: 0760-87855999, fax: 0760-87855991, url: ××, national Free service hotline: 400-030-0838" Field to open the container of oil absorption, with oil absorption a and accessories, operating instructions, the fuselage marked with "OUP" trademark and "zhongshan opie heat energy technology co., LTD.", using manual cover marked "zhongshan opie heat energy technology co., LTD.", on the back of the labeled "opie heat energy technology co., LTD., zhongshan city, the production base: all the hutch defends electric appliance co., LTD., zhongshan city, address: dongfeng town, zhongshan city of guangdong province deep road industrial park with the pleasure of China second street 9, telephone: 0760-87855999, fax: 0760-87855991, url: ××, national Free service hotline: 400-030-0838" Positive marked "OUP" trademark, the container of kitchen burning gas, "European science and technology quality assurance" words "zhongshan opie heat energy technology co., LTD.", and "opie technology" sealing glue, the side marked "OUP" brand and "zhongshan opie heat energy technology co., LTD.", the small side marked "opie heat energy technology co., LTD., zhongshan city, the production base: all the hutch defends electric appliance co., LTD., zhongshan city, address: dongfeng town, zhongshan city of guangdong province deep industrial park with the pleasure of China road second street 9, telephone: 0760-87855999, fax: 0760-87855991, url: ××, national Free service hotline: 400-030-0838 ", labeled on the left side, labeled with the trademark "OUP", "Opai Technology Quality Assurance" "Zhongshan Opai Thermal Technology Co., LTD." Field to open the container of kitchen burning gas, with a kitchen burning gas machine and accessories, operation instruction, packing seal, seal packing label "zhongshan opie heat energy technology co., LTD." the word "opie science and technology, quality assurance", it says on the fuselage, "European science and technology quality assurance" words "zhongshan opie heat energy technology co., LTD.", and have a security certificate, certificate of approval marked "OUP" brand, "European science and technology quality assurance" words "zhongshan opie heat energy technology co., LTD.", using manual cover marked "OUP" brand, "European science and technology quality assurance" words "zhongshan opie heat energy technology co., LTD.", The address: no. 9, 2nd Street, Tonghua Road, Tongan Tongle Industrial Park, Dongfeng Town, Zhongshan City, Guangdong Province. Tel: 07760-87855999. Fax: 0760-87855991. Opai Home Furnishing, Sinopac Electric, Opai Heat Energy, and Wanmei Kitchen & Bathroom have no objection to the above facts. Opai Home Furnishing Co., Ltd. believes that the labeling of "Opai Technology" on the accused infringing product infringes on the exclusive right to use its registered trademark No. 4378572 and the labeling of "Zhongshan Opai Thermal Technology Co., LTD." violates the principle of good faith, infringes on its enterprise name and constitutes unfair competition. Sinopac confirmed the sale of the alleged infringing products. Opa Thermal Energy Company confirms that the alleged infringing products were sold to Sinopac Electric Appliance Company after production. The reason why the enterprise information of Wanmei Kitchen & Bathroom company is marked on the products is that the company has a large scale and does not infringe the trademark right of OpA household Company. The company argued that it was not involved in the production of the alleged infringing product, which was produced by a third party using its corporate information, but did not provide evidence. In addition, the phone and fax Numbers set out on the ×× website of Opie Thermal energy and the www.mwanmei.com website of All American Kitchens and Sanitary Company are the same as those on the alleged infringing products.

    In the court hearing, the parties failed to provide evidence on the amount of losses suffered by Opai household Company due to the infringement and the profits made by the infringer due to the infringement. Opai said its reasonable costs include legal fees, travel, notary fees and the cost of buying infringing products.

    In our opinion, we confirm that Sinopac electric firm has confirmed to sell the accused infringing products and Opa Thermal energy company has confirmed to produce the accused infringing products. At issue in this case are: 1. Whether Wanmei Hutch and Sanitation Company is involved in the production of the product accused of infringement; 2. 2. Whether the ACTS of the three defendants constitute torts; 3. Subject and amount of compensation.

    Focus 1. The outer packing and operating instructions of the products accused of infringement are marked "Production base: Wan hutch defends electric appliance co., LTD. ", zhongshan city, product packaging, instruction manual and other transaction data of production enterprise information for consumers to identify products producer or business operator functions, namely has clearly points to the nature of the product provider, and all the hutch defends the company on the www.mwanmei.com website, as well as the European heat energy company in xx website are reserved by telephone, fax number and is accused of infringement product labeling, if European heat energy companies using the hutch is defended the company's enterprise information, as all the hutch defends co., opie heat yong-feng li of the shareholders of a company should be aware, However, it did not raise any objection and prevent it. Therefore, the court does not accept the defense of Wanmei Hutch and Sanitation Company that others falsely use its name to produce the accused infringing products, and finds that Wanmei Hutch and sanitation Company participates in the production and sale of the accused infringing products.

    Focus 2. Article 48 of the Trademark Law of the People's Republic of China stipulates that "the use of a trademark referred to in this Law means the use of a trademark on commodities, commodity packaging or containers, and commodity transaction documents, or the use of a trademark in advertising, publicity, exhibition and other commercial activities to identify the source of commodities." And article 57 in the second, three regulations ", without the consent of the trademark registrant's used on the same kind of goods with similar trademark registered trademark, or to use its registered trademark in the similar products of the same or similar trademark, easy to cause confusion, and sales to the exclusive use of a registered trademark has been infringed goods, all belong to the exclusive use of a registered trademark has been infringed." In this case, is accused of infringement product of oil absorption, kitchen burning gas, and no. 4378572, "European" trademark for approval to use commodities including oil absorption, gas type, both belong to the same kind of goods, therefore, to judge whether the three the defendant's act constitutes trademark infringement by contrast is accused of infringement identification and no. 4378572 "European" brand are the same or similar. Will yongfeng electrical firm on the brand stores, stores, name card and three defendants on the accused of infringement product use "opie appliances" "opie technology" phrase identification role of "Europe" and "European" trademark in 4378572, the words and pronunciation are the same, both approximation, likely to cause consumer confusion, three defendants use the word "European" production, sales, the infringing products, violated European household company number 4378572 "European" right to the exclusive use of a registered trademark, stop the infringement and compensate for the losses of responsibility. The "OUP" logo on the alleged infringing product is the registered trademark of Opai Heat Energy Company. Therefore, the court will not support the lawsuit of Opai Home Furnishing Company claiming that the logo constitutes trademark infringement.

    (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, its no. 1128213 in 20 classes tableware cupboard, "European" trademark by the trademark office as a well-known trademark, the 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 household company prior rights enjoyed by the "general civil law of the People's Republic of China" and "anti-unfair competition law of the People's Republic of China". Three defendants in the production and sales of oil absorption, kitchen burning gas on the wording "zhongshan opie heat energy technology co., LTD.", the size of the enterprise name with European household size of the company are "Europe", the two are the same, easy to make the relevant public to mistake the product with European companies there is a link between household, easy to make the relevant public confusion and mistakes of product source, damage the legitimate rights and interests of European household company, three the defendant's act clearly violates 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", It violates the recognized business ethics in market transactions and infringes the right to the enterprise name of Opai Household Company, which is an unfair competition act. The three defendants shall bear the responsibility to stop the infringement and compensate for the loss.

    Focus 3, yongfeng electrical business sales, although was accused of infringing products from European heat energy companies, but its as seller of electrical products, the product of the cognitive and discrimination is higher, should know that "European" brand visibility and influence, but is still in the stores, the product to use the word "European" for publicity, sales marked with "zhongshan opie heat energy technology co., LTD." on the oil absorption, kitchen burning gas, subjectively with clings to malicious, "European" brand awareness, it is not exempted from the liability to pay compensation. The parties failed to provide evidence to prove that caused by the infringer implementing tort opie household company is 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 cost factors such as cost of infringing products, travel, buy, discretionary sinopac electronics firms pay compensation to the European household company 15000 yuan (including, to stop the infringing act any reasonable expense incurred by the), Opai Thermal Energy Company and Wanmei Kitchen & Bathroom Company shall pay the compensation of 90,000 yuan to Opai Home Furnishing Company (including reasonable expenses incurred to prevent infringement).

    To sum up, in accordance with the general civil law of the People's Republic of China, the third paragraph of the first paragraph of article one hundred and seventy-nine, the trademark law of the People's Republic of China article 48 and article sixty-three, article 57 in the second, three, the anti-unfair competition law of the People's Republic of China, article 2, article 5, paragraph 1, paragraph 3, article 20, the supreme people's court on some issues of applicable law in trademark civil dispute cases to explain "article 9, article 10, article 16 and article 17, In accordance with the provisions of Article 6, Article 17, Paragraph 1, and Article 64, Paragraph 1, of the Civil Procedure Law of the People's Republic of China, the Judgments of the Supreme People's Court on Certain Issues concerning the Application of Law in The Trial of Civil Cases of Unfair Competition are as follows:

    I. On the date of the legal effect of this judgment, the defendant, Yongfeng Electric Appliance Firm of Guancheng District, Zhengzhou City, immediately stopped the infringement of the exclusive right to use the word "Oupai" on the store signs, stores and business CARDS of the plaintiff, Oupai Home Furnishing Group Co., LTD. No. 4378572.

    2. On the date of the legal effect of this judgment, the defendant yongfeng Electric Appliance Firm of Guancheng District, Zhengzhou City, immediately stopped the sale of range hoods and gas stoves marked with the words "Oupai" and "Zhongshan Oupai Thermal Technology Co., LTD";

    3. The defendant, Zhongshan Opai Heat Energy Technology Co., LTD., and Zhongshan Wanmei Kitchen & Sanitary Appliances Co., LTD., shall immediately stop the production and sale of range hoods and gas stoves marked with the words "Opai" and "Zhongshan Opai Heat Energy Technology Co., LTD." on the date of the legal effect of this judgment;

    Iv. The defendant, Zhongshan Opai Thermal Energy Technology Co., Ltd. shall change its enterprise name within 30 days from the date of the legal effect of this judgment, and the modified enterprise name shall not contain the word "Opai";

    V. The defendant yongfeng Electric Appliance Firm of Guancheng District, Zhengzhou City shall, within 5 days from the date of the legal effect of this judgment, pay compensation of RMB 15,000 to the plaintiff Opai Home Furnance Group Co., LTD. (including reasonable expenses paid to stop the infringement);

    6. The defendant, Zhongshan Opai Thermal Technology Co., LTD., and Zhongshan Wanmei Kitchen & Bathroom Appliance Co., LTD., shall jointly pay the plaintiff, Opai Home Furnishgroup Co., LTD., an indemnity of 90,000 yuan (including reasonable expenses paid to stop infringement) within five days from the date of the legal effect of this judgment;

    Vii. Rejecting other claims of the plaintiff opai Home Furnishing 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 was 3,300 yuan, and the halved charge was 1,650 yuan. The plaintiff Opai Household Group Co., Ltd. assumed 20%, i.e. 330 yuan; the defendant Yongfeng Electric Appliance Firm, Gucheng District, Zhengzhou City, assumed 20%, i.e. 330 yuan; and the defendant, Zhongshan Opai Thermal Technology Co., Ltd. and Zhongshan Wanmei Kitchen & Bathroom Electric Appliance Co., Ltd. assumed 60%, i.e. 990 yuan.

    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.

    Judge Guo Ning

    April 3, 2008

    Clerk Lu Guotang