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

    (2017) No.16557, Yue 0604, Early Republic of China

    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.

    Defendant: Chunli Sanitary Ware Business Department, Wuqing District, Tianjin, Domicile c14-106, Huabei City, Xiazhuang Street, Wuqing District, Tianjin. Unified social credit code ×××26X.

    Operator: Qu Chunli, female, Han Nationality, born on May 30, 1976, living in Wuqing District, Tianjin,

    Defendant: Shenzhen Opaiwang Technology Development Co., LTD., Unit 308, Unit 3, Building A, Guangya Yuan Ya Qing Ju, Bantian Street, Longgang District, Shenzhen, Guangdong. Unified social credit code ×××14T.

    Legal representative: Liu Qiang.

    Defendant: Foshan Mingyi Electric Appliance Co., LTD., Floor 1-3, No. 7, Xinde Road, Rongguibian Jiao, Shunde District, Guangdong Province. Registration number 440681000359087.

    Legal representative: Li Guanghua.

    Plaintiff opie household group co., LTD. (hereinafter referred to as the European group) v. the defendant tianjin wu qing chun set sanitary ware sales department (hereinafter referred to as the spring set up sales department), the defendant shenzhen opie flourishing development of science and technology co., LTD. (hereinafter referred to as the European popular science and technology), foshan name means electric appliance co., LTD. (hereinafter referred to as meaning appliances) the infringement trademark rights and unfair competition disputes, our hospital on December 2, 2017 to begin, we form a collegial panel in accordance with the law, on March 13, 2018 in open trial, plaintiffs opie group of entrusted agent ZhaiMingYue to appear in court to participate in the litigation, The defendant Chunli Business Department, the defendant Opiwang Technology and the defendant Mingyi Electric Appliance refused to attend the lawsuit without justified reasons after being summoned by the court. The case is now closed.

    Plaintiff's lawsuit claims: 1. Request to order the defendant's Chunli Business Department to immediately stop selling the gas stoves labeled as "WWW. 2. Request the defendant Opiwang Technology and Mingyi Electric Appliance to immediately stop the production and sale of gas stoves labeled "WWW. Opiwang Technology. Net" and "Shenzhen Opiwang Technology Development Co., LTD"; 3. Request the defendant Opie Technology to change its enterprise name immediately, and the changed enterprise name shall not contain the words "Opie"; 4. Order the three defendants to compensate the plaintiff's economic losses and reasonable expenses for safeguarding their rights in this case, totaling RMB 200,000 only; 5. Request for a decree that the defendant shall share the costs of the case.

    Facts and Reasons: Founded in 1994, the plaintiff is a leading brand in the whole cabinet industry. Its products cover the whole wardrobe, kitchen appliances, bathroom, commercial kitchen and other fields. Plaintiffs have ""," OPPEIN "and other series of registered trademark, after decades of operation, has been" Europe "casting become household names, as is known to all of the country's household, electrical appliances, sanitary brand, the brand has won the" Chinese famous brand ", "China well-known trademark" and so on, in February 2017, the plaintiff's successful listing in Shanghai, stock code 603208, further to lay the plaintiff in the industry's leading brand advantage. 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 July 2017, the plaintiff discovered the defendant spring set sales department in its in-store sales was labeled "WWW. Opie technology.net" on the kitchen burning gas, product packaging, specifications and product marked with "WWW. Opie technology.net", "shenzhen opie flourishing development of science and technology co., LTD.", manufacturer: name means electric appliance co., LTD., shunde district, foshan city, the plaintiff apply for notarization for the evidence preservation. After further investigation, foshan Shunde Mingyi Electric Appliance Co., Ltd. is registered as Foshan Mingyi Electric Appliance Co., LTD. To sum up, the plaintiff that the defendant to clings to the plaintiff's enjoyment of the "European" brand reputation, deliberately on the production and sales of the products and the use of "European" in an enterprise name text, this behavior is not only the infringement of the right to exclusive use of a registered trademark of the plaintiff, and violate the principles of honesty and credit and recognized business ethics, to the plaintiff constitutes unfair competition, and caused great economic losses to the plaintiff, shall bear the corresponding legal responsibility. Therefore, 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, appealed 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 issued by Guangzhou Administration for Industry and Commerce, valid from January 2016 to December 2012, which proves the popularity of plaintiff OPPEIN in sideboard, furniture, range hood 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.

    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.

    (3) (2017) The Notarial certificate of Laifengcheng Certificate No. 933 (including the infringing material object sealed by the notary office), to prove the infringement facts of the defendant.

    (3) One notarization fee note. The plaintiff claims 900 yuan in this case, which proves the plaintiff's reasonable expense in safeguarding his rights.

    (3) To inquire the registration information of the Oppwan trademark and prove that the registrant of the trademark is the defendant Opiwan Technology.

    After checking the evidence provided by the plaintiff, the court approves the authenticity of the evidence submitted by the plaintiff as the basis for ascertaining the facts of this case.

    The defendant Chunli Business Department, the defendant Opiwang Technology and the defendant Mingyi Electric Appliance failed to plead and refused to appear in court to answer the lawsuit without justified reasons after being legally summoned by the court, which shall be deemed as waiver of defense right.

    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 ambry 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 "European" registered trademark, shall use commodities for 11 class 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's famous brand 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 Quality Supervision Bureau. In February 2008, the plaintiff's trademark no. 1128213 "Opai" was a famous trademark of Guangdong Province on the sideboard and was ×× ×. On April 24, 2009, the trademark "Opai" on the category 20 sideboard goods of the plaintiff was identified as a well-known trademark by the Trademark Office.

    (2) on July 29, 2017, the plaintiff's attorney shou-zhen wang with FengCheng notary office in laiwu city in shandong province personnel under the tianjin wu qing zhu chuang street north China city of C14-106 "good wife hutch defends" shop, shou-zhen wang bought a marked with "WWW. Opie technology.net", "shenzhen opie flourishing development of science and technology co., LTD." with the words of kitchen burning gas a and marked with "WWW. Opie appliances. Cc", "Qingdao opie boutique electric appliance co., LTD." the oil absorption one, get a receipt number 7266876, issued by the store The Fengcheng Notary Office of Laiwu city, Shandong Province supervised the purchase process and issued the (2017) Fengcheng Notary Office no. 933.

    According to the material certificate issued by The Market supervision Administration of Tianjin Wuqing District, the industrial and commercial registration name of the "good wife huwei" shop is tianjin Wuqing District Chun Li sanitary ware business department, for individual industrial and commercial households, shop operator for Qu Chunli, ID number:.

    In trial, plaintiff opened the product that afore-mentioned notarization bought in court, plaintiff charges the tort product of this case is gas stove. There is a gas cooker and a product operation manual and a certificate in the unpacking case. On the front, the left and right sides of the outer packing are marked with "WWW. Opiwang Technology. Net" and "OPPWAN", and on the left and right sides are marked with "Shenzhen Opiwang Technology Development Co., LTD.", the manufacturer is Foshan Minyi Electric Appliance Co., LTD., as well as the address, telephone and website. The internal product panel is also labeled "WWW. Opie. Net" and "OPPWAN." On the front cover, the words "OPPWAN" and "Opp Technology" and "Opp Technology leads fashion Life" are prominently displayed. The back of the manual is marked with the words "Shenzhen Opaiwang Technology Development Co., LTD", the manufacturer of Foshan Shunde Mingyi Electric Appliance Co., LTD, as well as the address, telephone number and website. The plaintiff thinks that the outer package, manual and product of the accused infringing product are marked with "Shenzhen Opiwang Technology Development Co., LTD." and the manufacturer foshan Mingyi Electric Appliance Co., LTD. 's name, address and telephone number, so the accused infringing product is produced by the accused Opiwang Technology and Mingyi electric Appliance. At the same time, the plaintiff believes that the words "Opie technology leads fashion life" and "WWW. Opie Technology. Net" on the specification are the same as the no. 4378572 of the plaintiff, which infringes the trademark right of the plaintiff. The word "Opai" marked on the packing case, which reads "Shenzhen Opai Wang Technology Development Co., LTD", constitutes an infringement of the plaintiff's enterprise name right. In addition, the products mentioned above were sold by the Defendant's Chunli Business Department, so the defendant's Chunli Business Department infringed upon the plaintiff's right to exclusive use of the registered trademark "Opai" No. 4378572.

    (3) Defendant Opiwang Technology was registered and established in Shenzhen on May 10, 2013 with the registered capital of RMB 500,000. Its business scope covers the sales of household appliances, small household appliances, hardware plumbing, bathroom cabinet, sink, range hood, gas stove, disinfection cabinet, gas water heater and electric water heater; Technical development and sales of home appliance products; Domestic trade, etc.

    The defendant Mingyi Electric Appliance was registered and established on May 2, 2012, with a registered capital of RMB 200,000 yuan. Its business scope covers household appliances and accessories, gas appliances and accessories, metal products, sanitary ware, etc.

    It is also ascertained that OPPWAN is the trademark No. 12619875 registered by OPPWAN Technology on October 14, 2014, and the approved products are in category 11: lamps, kitchen range hoods, shower water heaters, heating devices and electric heaters.

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

    According to the material certificate issued by the Market supervision Administration of Wuqing District of Tianjin, the industrial and commercial registration name of the shop "Good wife kitchen and sanitation" is The Business department of Chunli sanitary ware, and the products involved are sold by the business department of Chunli sanitary ware. The alleged infringing products were marked with the words "WWW. Opiwang. Net", "OPPWAN" and "Shenzhen Opiwang Technology Development Co., LTD", and the manufacturer's name, address and telephone number of Foshan Shunde Minyi Electric Appliance Co., LTD. "OPPWAN" is the registered trademark of the defendant OPPWAN Technology. Therefore, it can be concluded that the defendant OPPWAN Technology and the defendant Mingyi Electric Appliance jointly committed the alleged infringement.

    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 found in this case, the plaintiff no. 4378572 registered trademark in the 11th class of goods is approved to use the scope of the gas stove, and this case is accused of infringement products for gas stove, both belong to the same kind of goods. The spring state sanitary ware shop sales of products use the word "Europe", is accused of infringement identification "European" and advocate for the rights of the plaintiff compared to no. 4378572 "European" registered trademark, the pronunciation and meaning are the same, the relevant public to general attention easily confused between the two, as a result, we concluded that the defendant spring set sanitary ware shop sales of products use "European identity" and advocate for the rights of the plaintiff involved trademark constitutes a confounding approximation. According to the above legal provisions, without the permission of the trademark registrant, the defendant chunli sanitary ware business department in the same goods to use the trademark similar to the plaintiff's registered trademark, has constituted trademark infringement. The products involved were produced and sold by the defendant Opie Technology and the defendant Mingyi Electric Appliance, so the defendant opie Technology and the defendant Mingyi electric Appliance 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 the defendant opie prosperous science and technology was founded in 2013, the plaintiff's "European" font size has higher visibility, in the plaintiff's "European", under the status of well-known trademark, the defendant opie prosperous technology when applying for a registered enterprise name will remain "Europe" as its enterprise name recognition in the different market the core identity of the main body of the enterprise name, its subjective intentionally of the goodwill has obvious clings to the plaintiff objectively make confusion or association errors, both easy to make a relevant public services provided by the source to its confusion, induce the relevant public mistaken for the link. Its behavior constitutes unfair competition and infringes upon the prior enterprise name right of the plaintiff. Therefore, no matter whether it is used prominently or not, it is difficult to avoid confusion or misidentification. The defendant Opie technology does not stop using the enterprise name to prevent market confusion. Therefore, the court supports the plaintiff's request for the defendant Opevon Technology to change its enterprise name.

    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 shall support the plaintiff's request for the defendant to stop the infringement.

    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 Opiwang technology and the defendant Mingyi electric appliance have the joint intention to carry out the trademark infringement, which constitutes a joint infringement, and they should bear joint liability for compensation.

    On the issue of the determination of the amount of compensation in this case. 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 ". Article 17 of the Law of the People's Republic of China against Unfair Competition stipulates that if the obligee has suffered actual losses as a result of the infringement and it is difficult to determine the interests of the infringer, the people's court shall make a judgment on the circumstances of the infringement and pay compensation of not more than 3 million yuan. The actual loss the plaintiff to the case and three illegal gains are not sure of the accused, we consider the reputation of the plaintiff's popularity, three infringement of the defendant's subjective intent, plot, business scale, is accused of infringement product sales, and other factors, decided the spring state sanitary ware sales department from the plaintiff compensation for the economic loss of 30000 yuan, the compensation has been including reasonable expense for the rights to the case. The defendant, Mingyi electric Appliance, compensated the plaintiff for economic losses of RMB 80,000 yuan, and the defendant, Opiwang Technology, assumed joint and several liabilities for compensation borne by mingyi Electric Appliance. The above compensation amounts have included the reasonable expenses incurred in the case.

    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, 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, the anti-unfair competition law of the People's Republic of China, the first paragraph of article 2, paragraph 2, 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:

    (3) The defendant, Chunli Sanitary Ware Sales Department of Wuqing District, Tianjin, immediately stopped selling the gas stoves labeled "WWW. Oupay.net" as of the effective date of this judgment;

    (3) The defendant, Shenzhen Opiwang Technology Development Co., LTD., and Foshan Mingyi Electric Appliance Co., LTD., immediately stopped producing and selling the gas stoves labeled "WWW. Opiwang Technology. Net" and "Shenzhen Opiwang Technology Development Co., LTD." as of the effective date of this judgment;

    (3) Within 10 days from the effective date of this judgment, the defendant, Chunli Sanitary Ware Business Department of Wuqing District, Tianjin, shall compensate the plaintiff, Opai Home Furnishing Group Co., LTD., for the economic loss of RMB 30,000 (including the reasonable expenses paid by the plaintiff, Opai Home Furnishing Group Co., LTD., to stop the infringement in this case);

    (3) The defendant, Foshan Mingyi Electric Appliance Co., Ltd. shall, within 10 days from the effective date of this judgment, compensate the plaintiff, Opai Home Furnishing Group Co., LTD., for the economic loss of RMB 80,000 (including the reasonable expenses paid by the plaintiff, Opai Home Furnishing Group Co., LTD., to stop the infringement in this case);

    V. Defendant Shenzhen Opaiwang Technology Development Co., Ltd. shall bear joint liability for the compensation liability borne by defendant Foshan Mingyi Electric Appliance Co., Ltd. in the fourth judgment mentioned above;

    6. The defendant, Shenzhen Opiwang Technology Development Co., Ltd. shall, within 30 days from the effective date of this judgment, complete the registration of change of enterprise name, and the word "Opiwang" shall not be used in the changed enterprise name.

    Vii. Rejecting other claims of the plaintiff opai Home Furnishing 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. 1000 yuan, the shop of tianjin wu qing chun set sanitary ware burden of 1000 yuan, the defendant foshan electrical appliance co., LTD., the burden of 2300 yuan, favored by a defendant shenzhen opie flourishing development of science and technology co., LTD. Foshan city name meaning to the defendant electric appliance co., LTD. Jointly and severally paid should pay the fees for accepting the responsibility.

    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 Ho Wing Chun

    August 2, 2008

    Judge assistant Tao Liang

    Clerk Shao Hangsheng

    Clerk Tan Yingsi