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Civil judgment of Baiyun District People's Court, Guangzhou City, Guangdong Province

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In the column:OPPEIN

    People's Court of Baiyun District, Guangzhou City, Guangdong Province

    Written judgment of civil affairs

    (2017) No.1054, Yue 0111, Early Republic of China

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

    Legal representative: Yao Liangsong, chairman of the board.

    Agent: Zhai Mingyue, Wang Ning, lawyer of Shandong Changping Law Firm.

    Defendant: Qi Guizhen, female, born on September 19, 1971, Han Nationality, id address: Daying County, Sichuan Province,

    Attorney: Wang Jun, Wu Tao, lawyer of Guangdong Mingjing Law Firm.

    Defendant: Suzhou Oupai Electric Appliance Co., LTD., No. 2-4, Xiatang, Xihuaqiao Lane, Suzhou.

    Legal representative: Yu Weihu, General Manager.

    Attorney: Chen Shibin, lawyer of Guangdong Tiandaoqin Law Firm.

    Authorized agent: Yu Liangcheng, a staff member of the company.

    The plaintiff Oupai Household Appliances Group Co., LTD. (hereinafter referred to as Oupai), the defendant Qi Guizen and Suzhou Oupai Electric Appliances Co., LTD. (hereinafter referred to as Oupai) infringed the trademark right and the unfair competition dispute. After the court accepted the case, it formed a collegial panel and held a trial in public. Wang Ning, the appointed agent of The plaintiff Ou Pai Company, Wu Tao, the appointed agent of the defendant Qi Guizhen, Chen Shibin and Yu Liangcheng, the appointed agents of the defendant Suzhou Ou Pai Company, attended the proceedings. The case is now closed.

    The plaintiff Opai Company claims that the plaintiff is the exclusive owner of the 11th "OPPEIN" and "OPPEIN" series of trademarks. Since its establishment, the plaintiff has cast "OPPEIN" and "OPPEIN" series of trademarks into household, electrical and sanitary brands that are well-known throughout the country. The plaintiff's products and brands have won the reputation of "China famous brand products" and "China well-known trademark" successively. "Opai" has not only become the representative symbol of the plaintiff's products and enterprise names, but also become the significant identification mark indicating the market subject and commodity source of the plaintiff and its affiliated enterprises. In November 2016, the plaintiff discovered the defendant QiGuiZhen open shops in the extensive use of "European" in text sales indicate "guangdong opie technology co., LTD." on the oil absorption, on the product labeled "OPOAIN", "the home has love with European", "suzhou opie electric appliance co., LTD.", the plaintiffs entrust notary evidence of the defendant's act preservation. The plaintiff think the second defendant unauthorized unauthorized use of "European" words, production, sales, with a "suzhou opie electric appliance co., LTD." words "OPOAIN" oil absorption, not only violated the trademark rights of the plaintiff, also constitute the encroachment of right to enterprise name to the plaintiff, in violation of the principle of honesty and credit and recognized business ethics, the behavior constitutes unfair competition to the plaintiff. To sum up, we hereby request the court to order: 1. The defendant, Qi Guizhen, immediately stopped infringing upon the plaintiff's trademark right by using the words "Opai" on the name and website of her online shop; 2. 2. The defendant, Qi Guizen, immediately stopped selling the range hoods with the words "Suzhou Oupai Electric Appliance Co., LTD" and "You have a home and love and Oupai"; 3. The defendant, Suzhou Oupai Company, immediately stopped the production and sale of range hoods with the words "Suzhou Oupai Electric Appliance Co., LTD" and "Youjia Youai Oupai"; 4. The defendant Suzhou Opai Company immediately changed its enterprise name, and the changed enterprise name shall not contain the word "Opai"; 5. The two defendants shall compensate the plaintiff a total of 300,000 yuan for economic losses and reasonable expenses of safeguarding their rights; 6. The costs of the case shall be borne by the two defendants.

    The defendant, Qi Guizhen, argued: I have no objection to the first and second claims of the plaintiff. I am a rural woman with a low level of education. I do not know and have not confirmed whether the rights of others have been violated in the sales. I have never produced a range hood accused of infringement, and only sold a value of less than 1000 yuan, causing little adverse impact; The company name marked by "OPOAIN" on the range hoods I sell is not related to the plaintiff, so I request the court to find out the facts. If it is found that I am infringing, we are willing to communicate with the plaintiff on the amount of damages.

    The defendant Suzhou Opai Company argues that: 1. The infringement fact accused by the plaintiff against our company is not established.

    Our company has never had any transaction with Lacquer Guizhen. Please find out the source of the infringing goods purchased by notarization. The goods purchased by the plaintiff are obviously different from the goods' packaging, marks, instructions, sealed boxes and anti-counterfeiting marks presented by our company in court. Our company reserves the right to Sue Lacquer Guizjen in an additional case. 2. Our company has never authorized The online store opened by Qi Guizhen to use our company name and "OPOAIN", and our company has never used the words "Home, love and Opai" on the lampblack machine. The accused infringing goods purchased by the plaintiff are counterfeit goods of our company, and the facts and evidence of the plaintiff's lawsuit do not exist. 3. Item 4 put forward by the plaintiff claims, based on our company is established according to law and legal registration of the company, our company is a registered trademark of "OPOMEN" code used in the class 11 gas type, oil absorption products, so we use enterprise name and registered trademark and mislead consumers behavior there is no infringement, we described the plaintiff of the infringement. 4. In addition, before the plaintiff Sue our company, the plaintiff has in shaoxing city intermediate people's courts and other three court prosecution, similar to that of the plaintiff has withdrawn shaoxing intermediate people's court of the prosecution, the other two court cases have not make a judgment, so the case for repeated litigation, requesting the court on identify the source of the alleged infringing goods rejected all of our claims.

    Trial found: no. 4378572 "Europe", the trademark registrant is a European hutch ark enterprise co., LTD., shall be used for class 11 goods, including gas furnace, microwave oven, kitchen utensils), kitchen smoke lampblack machine, etc., registration is valid from June 7, 2007 to 2017 on June 6, after the renewal of registration is valid until June 6, 2027. On January 6, 2011, the registered name of the trademark change was approved to be Guangdong Opai Group Co., LTD., which changed to Opai Company on March 24, 2014.

    On March 24, 2015, Opai, as the copyright owner, applied to Guangdong Copyright Bureau for the copyright registration of "Opai" fine art works. The registration number was Yuezuo-2015-F-00001907. The author was Liang Zhaotang.

    The company submitted a "about that," European "trademark for well-known trademark", China famous brand product certificate, certificate of famous trademarks of guangdong province, 2012 China hutch defends top certificate of integral kitchen top ten leading enterprises, guangzhou mayor award honorary certificate in 2012, 2014, guangdong household field top ten most valuable brands, innovation ability of ten strong enterprise honorary certificate and other evidence, to prove that "European" brand has a high market reputation; The tax payment certificate issued by the State Administration of Taxation in Baiyun District, Guangzhou City from 2013 to 2015, and the notification issued by the tax Administration of large enterprises in Guangzhou City Local Taxation Bureau in 2014 and 2015 were submitted to prove that the brand "Opai" has generated huge profits and benefits, and its brand value is extremely high. Submitted on time boiling with Beijing international advertising co., LTD. Signed the 2013 < space > home outfit funded cooperation agreement ", "2015 < space > home outfit funded cooperation agreement", and hunan radio and television advertising company, hunan downwind media co., LTD. The television advertising contracts signed, and zhejiang wisdom beauty car advertising co., LTD., the television advertising contracts signed, and kashi silver pine culture media co., LTD. Signed advertising agency contract and other evidence, intends to prove that the company "European brand" for the continuous publicity, and has been widely known; Submitted since 2011 "linchuan evening news", "newspaper zhuhai dc anqing daily Shanghai hutch ark" sales and marketing management version "" ruili household magazines such as decorating the world on the publicity of evidence, to prove that the company continues to promote in the print media," European brand ", its original "have a home, there is love, there are" slogan and promote the continuous use.

    On November 12, 2016, Wang Shouzhen, the entrusted agent of Shandong Zhixiang Law Firm, applied for notarization of evidence preservation to Luxi Notary Office of Liaocheng City, Shandong Province. In notarial personnel under the supervision of, the same year on November 14, 13 shou-zhen wang in guangzhou baiyun district and the town and street "7 days inn", using the notary office computer connected to the Internet, enter the taobao shopkeeper called "tea brand manufacturers selling" flag "opie hutch defends electric navigation shop" within the store to buy the oil absorption. On November 19 of the same year, under the supervision of a notary, Wang Shouzhen signed for a piece of goods sent by a Courier of "Yunda" at the gate of "7 Days Chain Hotel", No. 13, Renhe Street, Zhenhe Town, Baiyun District, Guangzhou. The package number was "1901673155141". Wang Shouzhen will open the above goods box, there is a range hood, a manual, a warranty sheet. On the same day, under the supervision of the notary staff, Wang Shouzhen confirmed the receipt of the order no. 2681632906384885 on Taobao.com by using the computer connected to the Internet in the "7 Days Chain Hotel", No. 13, Renhe Zhenhe Street, Baiyun District, Guangzhou, using the notary office. On December 26, 2016, Shandong Liaocheng Luxi Notary Office issued a notarial certificate no. 3794 (2016), certifying that the work record attached to the notarial certificate is consistent with the content of the original filed by the notary office, and the signature of Wang Shouzhen on the original is true; The attached photo is taken on the spot by Wang Shouzhen, which is consistent with the actual situation; The attached page screenshot is obtained by The above operation of Wang Shouzhen, which is consistent with the actual situation; The attached CD is made by Wang Shouzhen after the above-mentioned video recording, which is consistent with the actual situation; The material objects sealed by the notary office are obtained as described above and conform to the actual situation.

    Notarial deed accessories: displays the seller of the store front page involved in the name of "tea brand manufacturers selling", store name for "opie hutch defends electric appliance store, store display have many oil absorption products, among them, titled" opie household smoke lampblack machine side type electric double oil absorption ultra-thin steam automatic clean lampblack machine special "commodity sells for 898 yuan, according to 238 pieces of trading success, cumulative comment article 2058; There are many pictures under "Baby Details", one of which says "Range Hood brand: OPOAIN"; Another picture of a range hood is marked "OPOAIN". The sealed object is opened and notarized in court. There is a range hood inside. The words "Suzhou Oupai Electric Appliance Co., LTD" are printed on the front of the outer package. "Suzhou Oupai Electric Appliance Co., LTD." is located at the bottom of the package. The product tag is marked with the words "Suzhou Oupai Electric Appliance Co., LTD" and "Ou Jia You Ai You Ou Pai". Opai said in court that suzhou Opai used "Opai" as its business name, and that the words "Suzhou Opai Electric Appliance Co., LTD." marked on the outer packaging and anti-counterfeiting certificate of the accused goods produced and sold by the company were ACTS of unfair competition that infringed the right of opai's business name. The anti-counterfeiting certificate is marked with the words "There is a family, there is love and there is Europe", which constitutes unfair competition behavior of false propaganda. She used the word "Opai" extensively in her online store and sold goods that were accused of infringement, which constituted trademark infringement and unfair competition. Lacquer Guizhen confirms that the notarization website and the accused infringing goods are for its establishment and sale, but cannot provide the legal source of the accused infringing goods; Suzhou Opai denied producing and selling the goods accused of infringement. To prove its representations, Suzhou Opai has submitted to the Court its business license, OPOMEN trademark registration Certificate, operating instructions, sealants, packing tapes, certificate tags, anti-counterfeiting code, packing boxes and other evidence to prove that the products sold by the Company are not infringed products. After cross-examination, Opai believes that the information displayed on the official website ×× in the package box submitted by Suzhou Opai company is consistent with the information in the anti-counterfeiting certificate of the accused infringing goods, and the relevant introduction of "OPOAIN Suzhou Opai" can be found on this website. "You have some love, you have some love, OPOMEN", in the brochure submitted by Suzhou Opai, is in accordance with the phrase and listing in a manner consistent with the advertised slogan "You have some love, OPOMEN". The website www.opie Kitchen Appliance. Net and the "Suzhou Opie Appliance" on the front of the operating manual both use the words of Opie and infringe the registered trademark of Opie.

    European companies to prove that the company actually use the fact that no. 4378572 "European" registered trademark, gave our its company website page, which indicate the selling commodities include "oil absorption" series, opie integral ambry manufacturer provides straightly meal powder "o" will choose "carnival" packages, "the aurora" menu contains oil absorption. After cross-examination, Lacquer Guizhen think that the above evidence can not prove that The European company will "have a love to have European" for the range hood; Suzhou Opai company thinks that opai company is only the sales of the overall cabinet, there is no evidence to prove that the sale of range hood.

    Opai claims that the two defendants should jointly compensate their economic losses and reasonable expenses, totaling 300,000 yuan, and submit an invoice for notary fees (the amount is 25,000 yuan) and a warranty bill (the amount is 898 yuan). Opai claims in this case that the notary fees are 500 yuan, the lawyer's fees are 15,000 yuan, the notarization fees are 898 yuan, and the travel expenses are 3,000 yuan.

    (omen) suzhou Opai Co., Ltd. is the registered trademark of No. 16563354 (omen). The registered date is May 14, 2016 and the valid period is May 13, 2026.

    Opai co., LTD., established on July 1, 1994, is a joint-stock company, whose business scope is furniture manufacturing industry. Suzhou Opai Co., Ltd. was founded on November 28, 2012 with a registered capital of 500,000 YUAN. Its business scope covers production and processing (limited to branches) and sales: household appliances, plumbing hardware, gas cooking utensils, range hood, gas water heater, sanitary ware and integrated suspended ceiling.

    Recheck: Zhejiang 1081 (2017) 3617 (hereinafter referred to as 3617) Civil judgment issued by the People's Court of Wenling City, Zhejiang Province, states that the lawsuit request of Opie Company is "1. The defendant suzhou Opie Company and Gelma Company shall immediately stop the production and sale of gas stoves marked with the words" Suzhou Opie Electric Appliance Co., LTD. "; 2. 2. The defendant suzhou Opai Company was ordered to change its enterprise name immediately, and the word "Opai" shall not be used in the enterprise name after the change; 3 economic losses, the defendant to compensate the plaintiff reasonable expenses and the rights of a total of 200000 yuan, "the verdict:" the defendant suzhou opie electric appliance co., LTD., zhejiang janggar electric appliance co., LTD. In the day of the enforcement of this decision to immediately stop the production, the sale infringement of the plaintiff opie household group co., LTD. No. 4378572, no. 1128213, no. 1137521 of a registered trademark of products; 2. The defendant suzhou Oupai Electric Appliance Co., Ltd. immediately stopped using "Oupai" as the shop name of the enterprise and changed the name of the enterprise within 30 days from the effective date of this judgment; 3. The defendant, Suzhou Oupai Electric Appliance Co., Ltd. and Zhejiang Jianggelma Electric Appliance Co., Ltd. shall compensate the plaintiff, Oupai Household Appliances Group Co., LTD., for the economic loss (including the reasonable expenses paid by the plaintiff to stop the infringement in this case) of RMB 60,000 within 10 days from the effective date of this judgment. After this case is judged, Suzhou Ou Pai company already lodged appeal. In addition, The People's Court of Changshu City, Jiangsu Province accepted the case of Oupai Company suing Changshu Yushan Town Andali Hardware and electrical Appliance Store and Suzhou Oupai Electrical Appliance Co., Ltd. for infringement of trademark rights. The case was filed on July 25, 2017. The case number is (2017) SU 0581 8143 (hereinafter referred to as 8143). Involving one of suzhou opie company claims for "the defendant suzhou opie electric appliance co., LTD., to immediately stop the production, the sale marked" suzhou opie electronics ", "suzhou opie electric appliance co., LTD.", "the home has love OPOMEN" words against European companies such as trademark right, and constitutes unfair competition in the case of oil absorption behavior ". Opai sued Suzhou Opai in The Intermediate People's Court of Shaoxing city, Zhejiang Province on June 21, 2017, and withdrew the lawsuit with the permission of the court on August 10, 2017.

    All these facts, have a certificate of trademark registration certificate, registered trademark change, notarial deed, notary seal material, invoice, industry and commerce registration data, business license, "OPOMEN" trademark registration certificate, operating instructions, sealing glue, packing tape, certificate of approval tag, anti-counterfeiting code, bottle, civil judgment, to accept the notice, the plaintiff, orders and statements and other evidence of the parties.

    The court holds that Opai is the exclusive owner of the registered trademark "Opai" No. 4378572. Until the time of the lawsuit, the registered trademark is still under effective protection, and the exclusive right of opai to use the trademark involved in the case shall be protected.

    On whether the actions of each defendant constitute trademark infringement and unfair competition and their respective liability for tort.

    First of all, according to the notarial certificate of evidence, the online store involved in the case was opened by Lacquer Guizhen. The name and website of the online store had the word "Opai", which was similar to the registered trademark "Opai" of Opai Company No. 4378572. The approved scope of use of the registered trademark "Opi" no. 4378572 is category 11, including gas stoves, microwave ovens (kitchen utensils), kitchen range hoods, etc., which are the same as the range hoods of the accused infringing goods. Proof within the time limit, QiGuiZhen did not proof prove when the shop name and webpage to use the words "European" the holder of the legal license, so we decided that QiGuiZhen online name and web pages to use the words "European" behavior, the infringement of the no. 4378572 of European companies enjoy "European" use of a registered trademark, shall bear tort liability. Now, the court supports the lawsuit that The company demands that Qi Guizhen stop using the word "Opai" in the name and website of her online shop and compensate for the loss.

    Secondly, the outer package of the accused infringing goods and the digital anti-counterfeiting certificate are marked with the words "Suzhou Oupai Electric Appliance Co., LTD". Oupai Has not submitted sufficient evidence to prove that the accused infringing goods are not produced by its company. Oupai company and Suzhou Oupai Company are both producing and selling kitchen supplies such as range hoods, which belong to the competitive relationship of the same trade. According to the media reports and other evidence submitted by Opie, it can be concluded that it has been using the slogan of "There is a family, there is love and opie" for a long time since 2011, and has gained certain popularity and been widely known by the relevant public. , according to the record of notarial deed attachment is accused of infringing goods on the outer packing and digital security certificate of use "have family love the pie", combined with the company and its brand, advertising language awareness, etc., the tagging behavior is enough to make the relevant public to mistake, suzhou European company is accused of infringing goods and the company production and sales of the products, constitute a misleading false propaganda ACTS of unfair competition, also should bear tort liability. Now Oupai company requests Suzhou Oupai Company to stop producing and selling the trademark "You You Love Ou Pai" which is accused of infringing the product and compensate for the loss, which is supported by the court.

    Again, the company was founded in 1994, on July 1, and have been used since the "European" font size, combined with the company submitted the honorary certificate, certificate of tax payment, newspaper and magazine reports, advertising contract, media reports and other evidence of actual use and popularity, can maintain "European" font size has certain market popularity and is known by the relevant public enterprise name of the font size. Suzhou Opai Co., Ltd. was founded on November 28, 2012, much later than the establishment time of Opai Co., LTD. Suzhou opie as production, sales, hutch defends product enterprise, is supposed to know the company already has a certain reputation of "European" font size and in the case of a registered trademark, it will be "European" font size for the behavior of the enterprise name registration, has the "free-rider" subjective malice, violated the civil activities shall follow the principle of fairness, honesty and credit, and constitutes unfair competition. Although Suzhou Oupai argues that its enterprise name is legally used through industrial and commercial registration, the act of using the enterprise name registered by Suzhou Oupai is itself illegitimate, so the court will not accept the above defensive opinions of Suzhou Oupai. Opai requires Suzhou Opai To stop the production and sale of lampblack machine products marked with the words "Suzhou Opai Electric Appliance Co., LTD." and to compensate for the losses. The court supports the lawsuit based on the law. In addition, the company request of suzhou company stop in its enterprise name used in the word "European" of litigation should be support, but the case no. 3617 has been set for the company request of suzhou company which changes its dealt with the claims of the enterprise name, the company in the case again, put forward the request of suzhou company stop in its corporate name use the words "European" claims belong to repeat, we shall reject, no longer make orders separately. The company demands that the company immediately stop the production and sale of the lampblack with the words "Suzhou Oupai Electric Appliance Co., LTD", which belongs to the repeated prosecution. However, the goods examined and handled in case 3617 are gas stoves, which are not the same as the lampblack which is accused of infringement in this case. The lawsuit filed by Opai in Shaoxing Intermediate People's Court has been withdrawn; The lawsuit filed in Changshu People's Court is later than this case, and changshu People's Court has not made a judgment on the above claim, so the court's review and handling of the above claim in this case is in line with the legal provisions, and the defense opinion of Suzhou Opai Company is insufficient and the court will not accept it. As the seller of the goods accused of infringement, Lacquer Guizhen only needed to stop selling the lampblack machine with the words "Suzhou Oupai Electric Appliance Co., LTD" and "Youjia Youai Oupai" without the liability for compensation for damages.

    Finally, because the company has not confirmed proof QiGuiZhen online name and web pages to use the words "European" and sales behavior and accused of infringing goods in suzhou, the company production, sales, is accused of infringing goods common infringement behavior intentionally, and suzhou, the company in its corporate name to use the words "European" ACTS of unfair competition also has nothing to do with QiGuiZhen, so the requirements for European companies two defendants jointly bear reasonable expenses and compensation for the economic loss of the claims, we shall support QiGuiZhen with suzhou European companies deal with their own specific tort bear the corresponding tort liability to pay compensation.

    About the amount of compensation. The cost of purchasing the accused infringing goods claimed by Opie is proved by notarization and supported by the court. Although the notarization fee invoice is provided, it is not proved only for the expenses of this case, and the corresponding bills are not provided for the attorneys' fees and travel expenses. However, considering that Opai does have notarization for obtaining evidence and enlists lawyers to appear in court to answer the lawsuit, the court supports the reasonable part of the above expenses as appropriate. Proof within the time limit, because the parties thereto have not been submitted to admissibility of evidence of the company's actual loss, the situation of profit or two defendants for infringement, so we consider the popularity of the registered trademark involved in the attitude, the infringer's subjective fault and error correction, the types of tort forms, is accused of infringing goods, price and sales quantity, during the period of infringement, consequences, and the reasonable expenses of the rights in stopping the infringement behavior, etc., determined QiGuiZhen compensation of 80000 yuan (including the reasonable expenses), suzhou European company's compensation amount is RMB 140000 (including the reasonable expenses).

    To sum up, in accordance with the law of the People's Republic of China tort liability law article 15 subparagraph (a) (6), the trademark law of the People's Republic of China article 48 and article 56, article 57 (2) (3), article sixty-three, the anti-unfair competition law of the People's Republic of China "(3) of article 5 of the, article 9, the supreme people's court on some issues of applicable law in trademark civil dispute cases to explain" article 9, article 10, article 11, article 16 and article 17, the civil procedure law of the People's Republic of China the provisions of article sixty-four, decision is as follows:

    I. On the effective date of this judgment, the defendant, Qi Guizen, immediately stopped using the words "Opi" on the name and website of her Taobao shop;

    2. As of the effective date of this judgment, the defendant, Qi Guizhong, immediately stopped selling the lampblack machine products with the words "Suzhou Oupai Electric Appliance Co., LTD" and "You have a home and love and Oupai";

    3. As of the effective date of this judgment, the defendant Suzhou Oupai Electric Appliance Co., Ltd. immediately stopped the production and sale of the lampblack machine products with the words "Suzhou Oupai Electric Appliance Co., Ltd." and "Youjia Youai Oupai";

    Iv. Within 10 days from the effective date of this judgment, the defendant Qi Guizhen shall compensate the plaintiff Opai Home Furnishing Group Co., LTD for the economic loss of RMB 80,000 yuan (including reasonable expenses);

    V. Within ten days from the effective date of this judgment, the defendant, Suzhou Opai Electric Appliance Co., Ltd. shall compensate the plaintiff, Opai Household Products Group Co., Ltd. for the economic loss of RMB 140,000 yuan (including reasonable expenses);

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

    If the pecuniary obligation is not performed within the time limit 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.

    5800 yuan, the fees for accepting the case shall be borne by the plaintiff opie household group co., LTD. 1353 yuan, the defendant QiGuiZhen burden of 1547 yuan, the defendant suzhou opie electric appliance co., LTD., the burden of 2900 yuan (the fee has been appointed by the plaintiff's household group co., LTD to prepay, we don't refund, the plaintiff agreed to each part of the burden of the defendant is its direct payments) within the time of performance.

    If the parties are not satisfied with this judgment, they 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 and appeal to the Guangzhou Intellectual Property Court.

    Chief Judge Duan Jingnan

    People's Juror Liang Haoguang

    People's juror Cao LAN

    December 5, 2017

    Clerk Ma Xuedan