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. 1902

    Plaintiff: Opai Furniture Group Co., LTD., domicile: No. 366, Guanghua Third 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: Ensa Kitchen, Guancheng District, Zhengzhou City, Its domicile is No. 2, West Row, Broad Market Sanitary Ware District, Yao Zhuang Village, Guancheng District, Zhengzhou City, Henan Province, unified social credit code ××L1K.

    Operator: Lei Yu, male, Han Nationality, born on February 28, 1990, domicile place: Minquan County, Zhengzhou City, Henan Province,

    Defendant: Wendi Electrical Technology Co., LTD., Shunde District, Foshan City, one of the third floors, Building 2, Industrial Community, South District, West of Tianhe North Road, Ronggui South District, Shunde District, Foshan City, Guangdong Province, with unified social credit code ××66B.

    Legal representative: Wen Juntao.

    Agent AD litem: Pang Qiuyue, lawyer of Guangdong Chuyue Law Firm.

    The plaintiff opie household group co., LTD. (hereinafter referred to as the European group) v. the defendant tube city of zhengzhou city Sally hutch defends firm thunderstorm (operator), and Wendy, shunde district, foshan city, the defendant electrical technology co., LTD. (hereinafter referred to as Wendy appliances) the infringement trademark rights and unfair competition disputes, initiated on January 19, 2018 at our hospital after accepting, form a collegial panel in accordance with the law, public hearing on 22 May 2018 in the trial, the plaintiff opie group commissioned agent wang ning moon pang to appear in court, the defendant Wendy appliances to entrust agents AD litem to participate in the litigation. Defendant Zhengzhou City Gucheng Ensa huwei firm (operator thunder rain) summoned by the court, without a justifiable reason refused to attend the court proceedings. The case is now closed.

    The plaintiff filed a lawsuit to the court: 1. The defendant was ordered to stop the sale of Jzy-YS20 gas stoves marked with the words "Oupai" and "Guangdong Oupai Technology Co., LTD" by The judgment of Ensa Huwei Firm (operator Thunderstorm) of Guancheng District, Zhengzhou City; 2. Ii. The defendant Wendi Electric Appliances was ordered to stop the trademark infringement immediately and stop using the word "Eu Pai" on the jZy-YS20 gas stove involved in its production and sale; 3. The defendant Wendi Electric Appliances was ordered to immediately stop unfair competition and stop using the words "Guangdong Opai Technology Co., LTD" on the production and sales of the JZy-YS20 gas stoves; Four, the defendant Gucheng District, Zhengzhou City Ensha Huwei firm (operator Thunder rain), the defendant Wendi electric compensation plaintiff economic losses and the reasonable expense of the rights a total of RMB 200,000 only; 5. Order the defendant to bear the costs of the case.

    Fact and Reason: Opai Group, founded in 1994, is a comprehensive modern integrated home services provider in China, whose products include cabinets, kitchen appliances, wardrobes, sanitary ware, wooden doors, bedding, wallpaper, solid surface materials, commercial kitchenware, etc. 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 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 well Sally hutch defends businesses for door store in store sales with extensive use of "Europe", "European", "guangdong opie technology co., LTD." is written JZY - YS20 kitchen burning gas, on the packaging, products labeled "European", "guangdong science and technology co., LTD.", "manufacturer: Wendy electrical technology co., LTD., shunde district, foshan city,". And printed with Jiang Wenli's portrait and signature. The plaintiff entrusts the notary office to preserve the evidence of the infringement. In addition, guangdong Opai Technology Co., Ltd. has been found by the court of infringement of the plaintiff's right to the enterprise name, and ordered the company to change the enterprise name. To sum up, the plaintiff believes that the defendant's behavior of producing and selling the gas stove involved in the case violates the trademark right of the plaintiff and violates the principle of good faith and recognized business ethics. His behavior constitutes unfair competition for the plaintiff and should bear corresponding responsibility. 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, the word no. 260 (2017) lai FengCheng card people notarial deed, prove that the plaintiff and the plaintiff brand latest honor, content as follows: (1) guangzhou, the guangzhou city administration for industry and commerce awarded famous brand certificate, valid for January 2016 - December 2018, the plaintiff OPPEIN on the sideboard, furniture, smoke lampblack machine, shower 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.

    April 12, 2011, 21, 22, 25, 26, 28, 29, "linchuan evening news", published on August 26, 2011 issue of the "shenzhen special zone signs up for", on September 20, 2011, published on September 30, anqing daily, published in September 2010 years of the ambry in Shanghai ", published in June 2011, the sales and marketing management edition, published in April 2011 "ruili household", published in April 2014, decorate world magazine, prove that the plaintiff by the print media publicity, "European brand", It also proves that the plaintiff's original advertising slogan of "family, love and Europe" continues to use and publicize.

    13. (2017) Notarial Certificate no. 1482 of Laifeng City Certificate (including the infringing material object sealed by the notary office), to prove the facts of infringement of the defendant.

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

    15. The printed copy of the registered trademark WDOPPEIN Vindhiopai proves that the defendant Vindhiopai has subjective malice.

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

    The defendant, Gucheng District, Zhengzhou Ensa huwei firm (operator Thunderstorm) did not plead nor submit evidence.

    Defendant Wendy appliances, argues that the defendant Wendy appliances does not exist in the operating disorderly behavior, which does not constitute misconduct, Wendy appliances production of kitchen burning gas products do not belong to the defendant, the defendant Wendy appliances with the defendant tube city of zhengzhou city Sally hutch defends firm thunderstorm (operators) there is no business dealings, the zhengzhou city tube city well Sally hutch defends firm thunderstorm (operators) sales of products not Wendy electric appliances to provide the defendant, and zhengzhou city tube city well Sally hutch defends the defendant firm (thunderstorm) operator behavior also violated the defendant Wendy electrical appliances enterprise name, damage the legitimate rights and interests of the defendant Wendy appliances, The defendant Wendi Electric Appliances provided the product packaging to the court, which was different from the product packaging provided by the plaintiff. The defendant Wendi Electric appliances did not use the words "OPi and Guangdong Opi Technology Co., LTD" on the product, but only used "OPAICN", without infringement. Therefore, we do not need to compensate for the plaintiff's economic losses and reasonable expenses.

    The defendant Wendi Electric presented the following evidence:

    1. Copy of the OPAICN Trademark Registration Certificate No. 12124262, copy of the Letter of Authorization (April 11, 2016), and copy of the Letter of authorization (July 21, 2014), proving that the defendant Wendi Electric Appliances is using the trademark No. 12124262 OPAICN.

    2. The outer packing pictures of the defendant Wendi Electric appliance prove that the products involved are not from the defendant Wendi Electric Appliance and have nothing to do with the defendant Wendi Electric Appliance. The product boxes of the defendant Wendi Electric Appliance did not have the words "Guangdong Oupai Technology Co., LTD" and "Oupai" marked.

    The authenticity of the evidence submitted by the defendant Wendi Electric Was confirmed, but the correlation was not confirmed. The above evidence could not fully prove that the products involved were not produced and sold by the defendant Wendi Electric.

    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".

    (2) on September 7, 2017, the plaintiff's attorney shou-zhen wang with FengCheng in laiwu city in shandong province notary office staff to the henan province xx area south cao market of rural village of x x x x x x "OPAICN opie" shops, shou-zhen wang bought a marked "guangdong science and technology co., LTD." the kitchen burning gas, a marked "have family love OPAICN, guangdong science and technology co., LTD." the words of kitchen burning gas, a marked "opie hutch defends electric appliance co., LTD." the single one oven and marked with "zhongshan opie (hutch defends) electrical appliances co., LTD." the words of a set of water purification machine, The store number is issued in 0004188, the European hutch defends electric appliance mulberry sent total solar wholesale sales list a, a, bearing the words "thunderstorm" card bearing the words "European" two this brochure, shou-zhen wang in the shop, pictures of the location, at the same time to buy goods, notarial personnel for the above items are sealed and kept in custody at a shou-zhen wang. Fengcheng Notary Office of Laiwu city, Shandong Province supervised the above process and issued the notary Certificate of Laifeng City Certificate No. 1482 (2017).

    In the trial, the plaintiff opened and sealed a product purchased by the aforesaid notarization, and the plaintiff accused the infringing product of this case to be gas stove. Product is a kitchen burning gas, kitchen burning gas bottle, manual, product security guarantee card, security certification, product position such as trademarks, product label marked with "Europe" and "guangdong science and technology co., LTD.", the word "OPAICN", when the product packaging marked with manufacturer for Wendy electrical technology co., LTD., shunde district, foshan city, the defendant. The plaintiff thinks that the labeling of Opai is an infringement of the exclusive right to use the registered trademark of the plaintiff 4378572, and the labeling of Guangdong Opai Technology Co., Ltd. is an infringement of the enterprise name right of the plaintiff, which constitutes unfair competition.

    (3) The industrial and commercial registration of the OPAICN Opai shop no. ×× Market, ×× Village, Nancao Township, ×× District, Henan Province is the defendant of the case. Ensa Huwei (Business operator Thunderstorm), Guancheng District, Zhengzhou City, was registered and established on April 18, 2017.

    The defendant, Wendi Electric Appliance, was established on March 25, 2016 with a registered capital of RMB 100,000 yuan. Its business scope covers research, development and manufacturing of household appliances and their accessories and gas appliances.

    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 defendant's conduct constitutes trademark infringement and unfair competition; 3. The responsibility that should be borne.

    Focus on 1, according to industrial and commercial registration materials, is located in henan province xx district south cao market of rural village of x x x x x x number of "OPAICN opie" shops tube city of zhengzhou city, industrial and commercial registration for the accused Mr Sharon hutch defends businesses (thunderstorm), an operator in thunderstorm card, the defendant tube city of zhengzhou city Sally hutch defends firm thunderstorm (operators) stores are used within the "European", "guangdong opie technology co., LTD.", and is accused of infringement by its product sales.

    Outer-package of accused of infringing products, specifications, product security guarantee card, security certification, product trademarks, product label position marked "European", "guangdong opie technology co., LTD.", in the outer packing mark have Wendy electrical technology co., LTD., shunde district, foshan city, "the manufacturer", "address: ronggui, shunde district, foshan city, southern district of tianhe industrial zone no. 5", "call 0757-2926 - x x x x 8". Therefore, it can be determined that the products involved in the case are produced by the defendant Wendi Electric. Defendant Wendy appliances argues that the products are not involved in the production and sales, but the outer packing mark information such as the production enterprise name Wendy appliances business information is consistent with that of the accused, the outer packing label production enterprise information for consumers to identify the function of product producers or sellers, which is the nature of the clear point to product provider. Accordingly, under the circumstance that defendant Wendi Electric Failed to provide sufficient rebuttal evidence, the products accused of infringement were determined to be manufactured and sold by defendant Wendi Electric.

    Regarding Focus 2, whether the defendant's actions 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 trademark registrant; (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.

    This case is based on the fact that the plaintiff no. 4378572 registered trademark in the 11th class of goods is approved to use the scope of including gas stove, and this case is accused of infringement products for gas stove, both belong to the same kind of goods. Defendant tube city of zhengzhou city well Sally hutch defends firm thunderstorm (operators) card, shop store USES the "European", "guangdong opie technology co., LTD." and, specifications, product sales of the product outer packing box security guarantee card, security certification, product trademarks, product labels on the position such as labeled "Europe", "European" two words highlight use, is accused of infringement identification "European" and advocate for the rights of the plaintiff "registered trademark" no. 4378572, compared to the pronunciation and meaning are the same, the relevant public to general attention easily confused between the two, therefore, The court finds that the name card and shop front of ensha Huwei Firm (operator Lei Yu) of Guancheng District, Zhengzhou city used the words "Oupai" and the words "Oupai" and "Guangdong Oupai Technology Co., Ltd." on the outer packing of the products involved in the case and the instructions of the products involved are similar to the trademark involved in the case claimed by the plaintiff in the form of confusion. According to the above legal provisions, without the permission of the trademark registrant, the defendant Zhengzhou City Gucheng District Ensha Huwei firm (operator Thunder rain) in the same goods on the use of trademarks similar to the plaintiff's registered trademark, has constituted trademark infringement. Therefore, the defendant Wendi electric appliance produced and sold the products involved, 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: (2) unauthorized use of the names of enterprises (including shortened names and shop names, etc.) and 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 words "Guangdong Opai Technology Co., LTD" marked in the products involved in the case of the defendant are obviously subjective with the intention of attaching the goodwill of the plaintiff, which objectively leads to confusion or false association between the two, and easily leads to confusion and temptation of the relevant public on the service source provided by the defendant

    2. The defendant, Foshan Shunde Wendi Electric Technology Co., Ltd. shall, on the effective date of this judgment, immediately stop the trademark infringement and unfair competition, that is, immediately stop the production and sale of jZy-YS20 gas stoves labeled as "Opai" and "Guangdong Opai Technology Co., LTD.";

    Iii. The defendant, Ensa Huwei Firm of Gucheng District, Zhengzhou city (operator Lei Yu), shall compensate the plaintiff, Opai Household Group Co., Ltd. for the economic loss of RMB 25,000 within 10 days from the effective date of this judgment (including reasonable expenses incurred due to the action of safeguarding rights);

    Iv. The defendant, Foshan Shunde Wendi Electrical Technology Co., Ltd. shall, within 10 days from the effective date of this judgment, compensate the plaintiff, Opai Home Furnance Group Co., LTD., for the economic loss of RMB 85,000 (including reasonable expenses incurred due to rights protection);

    V. 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.

    In this case, the receiving fee is 4,300 yuan, and the plaintiff Opai Household Group Co., Ltd. bears 1,200 yuan. The defendant, Zhengzhou Gucheng District Ensha Huwei Firm (operator Thunderstorm) bears 800 yuan, and the defendant, Foshan Shunde Wendi Electrical Technology Co., Ltd. bears 2,300 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 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