Civil judgment of the Second People's Court of Zhongshan City, Guangdong Province

    The Second People's Court of Zhongshan City, Guangdong Province

    Written judgment of civil affairs

    (2016) No. 5948, Early Republic of Guangdong 2072

    Plaintiff: Opai Home Furnishing Group Co., LTD., located in Baiyun District, Guangzhou City, Guangdong Province.

    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: Long Daji, male, Zhuang Nationality, living in Guangxi Zhuang Autonomous Region.

    Defendant: Guangdong Opai Technology Co., LTD., No.313-6, 3rd Floor, 22 Licitang Road, Shangjia, Ronggui Street Office, Shunde District, Foshan City, Guangdong Province.

    Legal representative: Su Liangzhu, company manager.

    Agent AD litem: Lian Yan, lawyer of Guangdong Bodao Jujia Law Firm.

    Agent AD litem: Liang Zhengping, lawyer of Guangdong Bodao Jujia Law Firm.

    Defendant: Zhongshan Houchuang Electric Appliance Co., LTD., huangpu Town, Zhongshan City, Guangdong Province.

    Legal representative: Xiao Guohua, company manager.

    Agent AD litem: Ouyang Zhengxin, lawyer of Guangdong Exhibition Law Firm.

    The plaintiff opie household group co., LTD. (hereinafter referred to as the European household company) and the defendant Long Daji, guangdong science and technology co., LTD. (hereinafter referred to as the guangdong company), zhongshan after the kitchen electric appliance co., LTD. (hereinafter referred to as the kitchen company) after the infringement trademark rights and unfair competition disputes, our college on 2 June 2016, Hitachi, in accordance with the applicable ordinary procedure, on March 15, 2017 public hearing on the trial. Wang Ning, the agent AD litem of the plaintiff Ou Pai household Company, Lian Yan, Liang Zhengping, the agent AD litem of the defendant Guangdong Ou Pai Company, and Ouyang, the agent AD litem of the defendant Hou Kitchen Company, correctly attended the lawsuit in court. The case is now closed.

    1. The plaintiff, Europa Furniture Company, filed a lawsuit against the court: 1. The court ordered the defendant, Longdajie, to immediately stop using the words "Europa" in its online store for false publicity, unfair competition in selling range hood, disinfection cabinet and infringement of trademark rights; 2. 2. Order the defendant Longdaji to immediately stop the sale of range hoods and disinfection cabinets marked "Guangdong Opai Technology Co., LTD"; 3. The defendant was ordered to stop the production and sale of disinfection cabinets and range hoods marked with the words "Guangdong Oupai Technology Co., LTD" and guangdong Houpai Kitchen Company immediately; 4. The court ordered the three defendants to compensate the plaintiff, Opai Household Company, RMB 1,000,000 for economic losses and reasonable expenses of safeguarding their rights. Facts and Reasons: The plaintiff Opie Furniture Co., Ltd. is the holder of the registered trademarks of "OPPEIN" and other registered trademarks of Category 11. The plaintiff opie household company since its inception, after decades of operation, have "European" molded into the household, furniture, electrical appliances, sanitary ware brand known to all, gained the Chinese famous brand, Chinese well-known trademark, such as reputation, in the public mind, "Europe", but not the plaintiff European household products and the representative of the enterprise name symbol, also be instructed the plaintiff sent home company and affiliated enterprise significant recognition of market main body and the sources of identity. In January 2016, The plaintiff Opai Home Furnishing Company found that the defendant Longdaji used "Opai" in a large number on Taobao.com to carry out false publicity, sell range hood and disinfection cabinet marked with the word "Guangdong Opai Company", and applied for evidence preservation in the notary office for the above infringement. After further investigation, it was found that the above products were produced under the supervision of the defendant's Guangdong Opai Company and produced by the defendant's kitchen company. To sum up, the three defendants to clings to the plaintiff opie household company enjoys its reputation as the "European brand", deliberately on the online store, the product the illegal use of the word "Europe", not only infringes upon the plaintiff European company the right to exclusive use of a registered trademark of household, also violates the principle of honest credit and recognized business ethics, constituting unfair competition to the plaintiff's sent home company, European household company caused economic losses to the plaintiff. Accordingly, the plaintiff Opai household Company brings a lawsuit to the court, and makes the above lawsuit request.

    The defendant, Lung Tat Kee, did not enter a plea.

    The guangdong company argue that 1. The store is open, the defendant Long Daji involved has nothing to do with the defendant guangdong company, the guangdong company is authorized the defendant after hutch company use "OPAICN" registered trademark, no. 12124262 on top of that there is no other behavior, less use of the plaintiff's sent home of the company's "European" and "OPPEIN" registered trademark, is accused of infringement product "European" text is used by the defendant guangdong opie contained in the company's business name, not highlight use, the enterprise name is approved and registered by the industrial and commercial bureau, as a result, There is no basis for the plaintiff Europa Furniture Company to accuse the defendant of trademark infringement. 2. The defendant guangdong European company's name is April 30, 2014, guangdong province administration of industry and commerce for approval and formal registration and establishment, the font size, the approval department with the plaintiff European household company approval of the enterprise name registration departments belong to guangdong province administration for industry and commerce management, the plaintiff opie household company "European" brand has won the award for the well-known trademark, the administration for industry and commerce of guangdong province have started to its famous trademark name protection, but it is still approved the defendant guangdong company enterprise size, It is proved that the enterprise name and trade name of the defendant Guangdong Opai Company did not constitute any unfair competition to the well-known trademark of the plaintiff Opai Household Company. The plaintiff opie household firm evidence that the plaintiff opie household company is engaged in the trademark classification class 20 household industry, production and sales of the products are cabinets, wardrobe, and the defendant guangdong company engaged in the technology industry, the two belong to different industries, there is no competition, no evidence shows that because of the products involved in the production and sales behavior to the plaintiff opie home company of industry and production and sales of any damage or loss. Moreover, all the production, sales, promotion and promotion of the plaintiff's Opai Household Products are limited to the cabinet and wardrobe products of category 20, while there is no evidence to show that the plaintiff's Opai Household products have been produced, sold and promoted. The "Opai" brand of the plaintiff Opai Furniture Company has not formed a unique corresponding relationship in the electrical industry and is not well-known. Therefore, there is no basis for plaintiff Opai furniture Company to accuse defendant Opai Guangdong of unfair competition. 3. The defendant guangdong Opai Company authorized the defendant Houzhou Kitchen Company to use the registered trademark No. 12124262 on the products involved, but did not authorize it to use the enterprise name. However, this is an internal problem between the two defendants, and has nothing to do with the plaintiff Opai Household Company. From a legal perspective, the defendant after the kitchen when the products of the company while without the consent of the defendant guangdong company marked the "guangdong science and technology co., LTD." company name, but its means of the use of the enterprise name are very formal, without any violation of the place, product, not to the plaintiff European household company constitutes unfair competition. To sum up, the plaintiff Opai Furniture Company's claim is unreasonable and groundless, and the claim is rejected.

    1. The use of the registered trademark No. 1212422 by the defendant was authorized by the registrant, that is, the use scope of the defendant guangdong Opai Company and Guangdong Red Brand Electric Appliance Co., Ltd. did not exceed the license, which is a legal use. 2. The name of the product packaging is also legally registered and does not infringe the name of the plaintiff, Opie Household Company. Therefore, the plaintiff, Opie Household Company, has no factual basis for suing the defendant's kitchen company, and requests the court to reject the lawsuit.

    The parties have provided evidence according to law around the claims, and the court has organized the parties to exchange and cross-examine evidence. The court confirms and supports in the volume the evidence that the parties have no objection. The disputed evidence, we decided as follows: the plaintiff opie household company provides evidence of 1. The word no. 347 (2016) lai FengCheng card people notarial deed and word no. 350 (2016) lai FengCheng card people notarial deed and word no. 346 (2016) lai FengCheng card people notarial deed and word no. 348 (2016) lai FengCheng card people notarial deed, have the original check, and are issued by notary office, and associated with this case, so we found; 2.(2016) Notarial Certificate No. 352 of Laifeng City Certificate has no connection with the facts to be proved in this case, and the court will not confirm it; 3. The approval of the trademark "Opai" as a well-known trademark is issued by the National Trademark Office, with the original for verification, and is related to the facts to be proved in this case, so the court confirms it; 4. (2016) The Notarial certificate No. 353 issued by the notarial office after checking the original, and the certificate of honor included in the notarial certificate can indirectly reflect the popularity of the plaintiff Opai Furniture Company, which is related to this case, which is recognized by the court; 5. (2016) Notarial Certificate No. 357 of Laifengcheng Certificate No. 354 of Laifengcheng Certificate No. 354 is issued for the notary office after checking the original, and the tax payment certificate and audit report thereof reflect the operating scale of the plaintiff Opai Household Company to some extent, which is related to this case, which is recognized by this court; 6. (2016) Notarial Certificate No. 355 of Laifengcheng Certificate No. 356 of Laifengcheng Certificate no. 356 is issued by the notary office. It reflects the fact that the plaintiff opai Furniture Company has paid the publicity expenses and hired famous movie stars to represent the plaintiff. 7. Information from newspapers and magazines. The report was issued to the public, reflecting the plaintiff's advertising and publicity of Opie Furniture Company. 8. (2016) Notarial certificates No. 448 and 438 issued by the notarial office of Laifengcheng Certificate are related to this case, so the court confirms them. As for whether the three defendants constitute infringement, it will comment on the part considered by the Court; 8. The printed copies of the plaintiff's Opai Home Furnishing Company website can be verified by logging on the plaintiff's Opai Home Furnishing Company website, reflecting the trademark and name of the plaintiff, which shall be recognized by the Court. 1. Trademark certificate, which the plaintiff, Opai Furniture Co., Ltd. has no objection to its authenticity, but has no connection with the unfair competition dispute in the case, which the court shall not confirm; 2. Jiangshan European door industry co., LTD., enterprise information and introduction, wuxi saint treasure vehicle manufacturing co., LTD. Enterprise information and introduction, suzhou Sue the European wood industry co., LTD., enterprise information and introduction, henan opie electric appliance co., LTD. Enterprise information and introduction, opie paint chemical company, European leather goods companies, such as European machinery enterprise information and introduction, use "the European" two characters as an enterprise size series of enterprise information, the use of "European" two characters and has been registered as trademarks right to exclusive use of a series of brand information, has nothing to do with the case dispute to be proved, we will not be identified; 3. According to a series of reports of serious quality problems of "Opai" brand cabinet products, the defendant guangdong Opai Company did not provide originals for verification, which were all sourced from the Internet. Authenticity and legality cannot be recognized by the court; 4. The court shall not confirm the authorization certificate which has nothing to do with the facts to be proved in this case.

    According to the statement of the parties and the evidence confirmed by examination, the facts confirmed by the court are as follows: Opai Furniture Company was established on July 1, 1994, with the registered capital of RMB 373581112, and its business scope is furniture manufacturing industry. The enterprise nature of guangdong European company is a limited liability company (natural person sole proprietorship), founded in 2014, on April 30, a registered capital of 10 million yuan, scope of business of biotechnology products, household appliances, metal products, electrical accessories, water purification equipment, air to water heaters, bathroom supplies, daily necessities, household items, electrical materials, electronic products research and development, processing, manufacturing, sales, etc. Houhu Kitchen Co., Ltd. was founded on December 11, 2013 with a registered capital of 100,000 yuan. Its business scope: production, processing and sales: household appliances and accessories, electric water heater, range hood, gas water heater, gas stove, hardware products (excluding electroplating process). Opai household Is the owner of the registered trademark No. 4378572, No. 1137521 and No. 1128213, which are approved to be used in class 11 and 20. The approved products include gas stove, kitchen range hood, etc. The above trademarks are all within the valid period. Opai Household Is the owner of the trademark "OPPEIN" No. 7731876 approved for use in class 11. The products approved for use include kitchen range hoods, etc., and the trademark is within the term of validity.

On April 24, 2009, the Trademark Office of the State Administration for Industry and Commerce recognized the trademark of "Opai" on the sideboard of category 20 of the International Classification of Goods and Services as a well-known trademark. In September 2007, the General Administration of Quality Supervision, Inspection and Quarantine of the People's Government of China awarded opai household cabinet "China famous brand". In October 2008, The Bureau of Quality and Technical Supervision of Guangdong Province awarded Opai household Products as guangdong famous brand cabinet products. In February 2008, "Opai" trademark was recognized as "Famous trademark of Guangdong Province" by Guangdong Famous Trademark Recognition Committee. In December 2012, European home furnishing company by China building decoration association hutch and sanitation engineering committee identified as "2012 China hutch and sanitation 100" "overall kitchen leading enterprises top 10", effective term of a year. In September 2013, The Guangzhou Municipal People's Government awarded Opai the title of "2012 Guangzhou Mayor Quality Award". On December 28, 2014, the case of Opai Furniture Company evaluated by Brand Watch magazine was selected as the silver Award of 2014 Chinese Brand Marketing Case of the Year. In January 2015, Guangdong Home Furnishings Federation and Guangdong Furniture Chamber of Commerce jointly awarded Opai home Furnishing Company the title of "Top 10 Most Valuable Brands" and "Top 10 Innovative Enterprises" in guangdong pan-household field in 2014.

On October 30, 2012, Europa home furnishing company signed a sponsorship cooperation agreement with Beijing ontime boiling international advertising co., LTD. It was agreed that Europa home furnishing company would sponsor two sets of "exchange space" home decoration fund of CCTV. The contract was performed on January 5, 2013, solstice on December 28, 2013, and the sponsorship advertising fee was RMB 5700000. On July 20, 2013, The Company hired Jiang Wenli as its spokesperson. On November 11, 2013, Europa furniture company signed a TV advertisement release contract with zhejiang zhimei chewen advertising co., LTD. It was agreed that Europa furniture company entrusted zhejiang zhimei chewen advertising co., ltd. to release the advertisement during January 1, 2014 solstice on December 31, 2014. The release medium was cctv-news channel, and the cost was RMB 40463970. In July 2014, the European household company and hunan, hunan radio and television advertising corporation downwind media co., LTD., television advertising project contracts, agreement: European household company commissioned in hunan, hunan radio and television advertising corporation downwind media co., LTD., published "the 10th golden eagle festival closing ceremony and awards" project related advertising, distribution medium for hunan broadcast hunan satellite TV channels, release time is on September 28, 2014 to October 12, 2014, cost $18000000, using the slogan of "there is love, there's a, have the pie". On October 22, 2014, Europa furniture company signed an advertising agency contract with kashgar yinsong culture & media co., LTD. It was agreed that the kashgar yinsong culture & media co., ltd. would act as an agent for Europa furniture company to advertise in cctc-news "global view" on January 1, 2015 and December 31, 2015. The agreed fee was 23,970,000 yuan. On November 27, 2014, Europa home furnishing company and Beijing ontime boiling international advertising co., ltd. signed the cooperation agreement on the sponsorship of home decoration fund, which agreed that Europa home furnishing company would sponsor two sets of "exchange space" home decoration fund of CCTV. The contract was performed on April 4, 2015, solstice on March 26, 2016, with the sponsorship advertising fee of RMB 6,000,000.

In 2010, Opie home Furnishing company put an advertisement in a Cabinet in Shanghai, using the slogan "You have a home, you have love, you have Opi". In 2011, Opai home Furnishing company put advertisements in Linchuan Evening News, Zhuhai Special Zone Newspaper, Anqing Daily, Sales market, Ruili Home furnishing and decoration world respectively, using the slogan "Youjia, Youai, Youopai". The brand spokesperson employed in the above advertising promotion is Jiang Wenli.

On March 9, 2016, Opai Furniture Company applied for evidence preservation to Fengcheng Notary Office in Laiwu city, Shandong Province. On the same day, in the notarization notaries and notarial personnel, under the supervision of the sent home company entrusted agent Yang today use notary office computer I bought on taobao shopkeeper called "dragon yiyi darling" "hutch defends electric appliance affordable shop" online sales of range hood, disinfection cabinets, Yang today during operation on the relevant page screenshots and videos. After the end of the above ACTS, under the supervision of the notary and notary staff, Yang Will burn the above video documents and screenshots in the office into three copies of CD, sealed by the notary staff and affixed the notary office seal. On March 14 of the same year, under the supervision of notaries and notaries, Yang came to the sales department of "Yunda Express" at no. ×× Road ×× (general curtain wall Courtyard), ×× City, Lai Wu. In the sales department, Yang extracted the goods with intact outer packing and marked with the words "Powerful type range hood". Notary personnel will receive the goods back to the notary office, under the supervision of notary and notary personnel, Yang Today will open the above goods, there are marked in the packing box "Guangdong Opai technology Co., LTD. (supervision)" a range hood anti-counterfeiting certificate, a manual, anti-counterfeiting quality guarantee card. The notary staff sealed the above articles and gave them to Yang Jin Jin for safekeeping. On March 18 of the same year, under the supervision of notaries and notaries, Yang came to the business department of "Yun Da Express" again to pick up the goods with intact outer packing and marked with the words "embedded disinfection cabinet". The notary staff will receive the goods back to the notary office, under the supervision of the notary and notary staff, Yang Will open the above goods, the packing box marked "Guangdong Opai Technology Co., LTD." a disinfection cabinet, a manual, a product anti-counterfeiting guarantee card. The notary sealed the article and gave it to Yang Jin Jin for safekeeping. On March 18 of the same year, below the supervision of notary member and notary personnel, Yang Today USES computer of notary office to buy shopkeeper name "Long Yi yi is docile" "hutch is protected electric appliance real benefit shop" the lampblack machine that net inn sells, disinfect ark undertook affirmatory receive goods. Yang Jinzhao took screenshots of relevant pages during the operation and recorded the entire operation. After the above ACTS are completed, Yang Jin Zhao prints the above screenshots in triplicate, and the above video files and screenshots are burned to a CD in triplicate under the supervision of the notary and notary staff, and the notary staff seals and affix the seal of the notary office. Fengcheng Notary Office of Laiwu City, Shandong Province issued a (2016) Notarial certificate of Laifeng City Minzi No. 448 for the above facts. The notarial certificate records the following contents: the nickname displayed on the online store involved in the case was "Long Yiyi darling", and the real name was "Long Daji".

On March 17, 2016, Jindun Intellectual Property Service Center in Laicheng District, Laiwu City, Shandong Province applied for evidence preservation from Fengcheng Notary Office. In the same year on March 19, the notaries and notarial personnel, under the supervision of the applicant's agent shou-zhen wang in the name of the ordinary buyers come to zhongshan huangpu town ma 'an village qi six cross road south road near the intersection of kitchen electric appliance co., LTD. "after the" zhongshan city, shou-zhen wang within the company office, a self-proclaimed "little man" salesman for a product flyer a quotation and zhongshan kitchen electric appliance co., LTD., and for the company location filming two photos. After the above actions, the notary staff photocopied and printed the above leaflets and quotations, and then handed over the original copies of the above leaflets and quotations to Wang Shouzhen for safekeeping. On March 28 of the same year, under the supervision of the notary and notary staff, Wang Shouzhen used the computer connected to the Internet there to chat with QQ users whose number was 29×× 29. During the chat, Wang sent nine pictures to the 29×× 29QQ user, while the 29×× 29QQ user also sent three pictures to Wang. During the above operation, Wang Shouzhen used the screen video expert software to record the above part of the process and took screenshots of some pages. After the above actions are completed, under the supervision of the notary and notary, Wang Shouzhen shall record the above photos, screenshots and video files in triplicate and print the page Numbers of the above photos and screenshots in triplicate in the notary office. The notary shall seal the above CDS and affix the seal of the notary office. Fengcheng Notarial Office of Laiwu City, Shandong Province issued the above facts (2016) Notarial certificate No. 438 Of Laifeng City Notarial Certificate. The attached brochure and quotation show that the contact information of the kitchen company is the sales hotline QQ: 29×× 29 in other provinces and the local QQ: 11×× 92 "Xiao Man (handwritten)".

Through trial examination, the above notarized purchase of lampblack machine, disinfection cabinet and CD sealed in good condition, notary office seal and seal integrity. The front of the packing boxes of "embedded disinfection cabinet" and "Powerful range hood" are marked with the words "Guangdong Oupai Technology Co., LTD" and the other words "Guangdong Oupai Technology Co., LTD" and the two sides of the packing boxes are marked with the words "Guangdong Oupai Technology Co., LTD". The manufacturer is Zhongshan Houhu Electric Appliance Co., LTD. The address is Maxin Industrial Zone, Huangpu Town, Zhongshan city. Open the carton box of "embedded disinfection cabinet" on site, containing disinfection cabinet, operation manual, product anti-counterfeiting and warranty card. Open the carton box of "powerful range hood" on site, which contains range hood and accessories, operation manual, product anti-counterfeiting and warranty card. Disinfect ark body marked "guangdong science and technology co., LTD.", oil absorption use manual cover marked "guangdong", back cover marked "guangdong opie technology co., LTD. Producer, manufacturer: after the kitchen electric appliance co., LTD., zhongshan city, address: zhongshan huangpu town Ma Xin industrial zone, products anti-counterfeiting are marked on the warranty card" opie technology co., LTD. (producer) of guangdong province ". The scene opens the evidence preservation 3 envelopes, each has a CD. Play word no. 448 (2016) lai FengCheng card people notarial deed video screen displayed when the online store has been involved in February 16, 2014 completed alipay real-name certification, through the comparison, the store on the product name, product introduction, extensive use of "European" word "guangdong", such as "opie authentic European household big suction side suction double motor automatic cleaning smoke lampblack machine" "opie high temperature disinfection cabinet embedded vertical domestic large capacity two-door disinfection embedded cupboard". When playing the video recording on the screen of Laifengcheng Certificate No. 438 notarial Certificate (2016), 29×× 29QQ users confirmed that the above-mentioned range hood and disinfection cabinet were produced and sold by the kitchen company during chatting with the agent of Opai Household Company. Opai Furniture Company, Guangdong Opai Company and kitchen company have no objection to the above facts. Opai Believes that the extensive use of "Opai" on the online store involved in the case for publicity constitutes trademark infringement. The words "Guangdong Opai" and "Guangdong Opai Technology Co., LTD" are both trademark infringement and unfair competition on the outer package, body, instruction manual, warranty card of the products accused of infringement. Guangdong Opai argues that the products are not actually produced or sold by guangdong Opai. Guangdong Opai only authorizes the kitchen company to use the registered trademark and does not authorize the use of its enterprise name. The kitchen company believes that the notarized real goods are not purchased directly from the kitchen company, and the enterprise name printed on the product is legally registered, without the prominent use of the word "Eu pai", which does not constitute unfair competition.

In the court hearing, the parties failed to provide evidence on the amount of losses suffered by Opai Household Company due to the infringement and the profits made by the infringer due to the infringement. Opai said its reasonable costs included 30,000 yuan for lawyers (no bill provided), 5,000 yuan for travel (no bill provided), 1,400 yuan for notary fees and 1,186 yuan for purchasing infringing products.

We think, is accused of infringement online shopkeeper called dragon yiyi darling, show real name for Long Daji, the online store has completed real-name certification, and Long Daji sent to Europe to live in the company's prosecution without complaint, no evidence to prove that others pretend to be the name of product sales is accused of infringement, as a result, we concluded that accused of infringing online store for the Long Daji management and sales have been accused of infringing products. At issue in the case are: 1. 2. Whether the online shop involved in the case constitutes trademark infringement; 3. Whether the conduct of the defendants constitutes unfair competition; 4. Subject and amount of compensation.

1. Labels on the packaging of the alleged infringing products include "Guangdong Opai Technology Co., LTD.", "Guangdong Opai Technology Co., LTD. (supervision)" and "Manufacturer: Zhongshan kitchen electric appliance co., LTD. ", after disinfection ark body, oil absorption instructions on the word "guangdong opie technology co., LTD.", products anti-counterfeiting mark on warranty card "opie technology co., LTD. (producer) of guangdong province", product packaging, instruction manual, product anti-counterfeiting warranty card transaction documents of production enterprise information for consumers to identify the function of product producers or sellers, which has a clear point to the nature of the product provider, And the word no. 438 (2016) lai FengCheng card people after notarial deed shows kitchen employees has confirmed the above was accused of infringing products production and sales for the company, therefore, in the guangdong company, after the kitchen under the condition of the company did not provide a rebuttal evidence, we decided that is accused of infringement product by the guangdong company, after hutch company production and sales together.

2. Article 48 of the Trademark Law of the People's Republic of China stipulates that "the use of a trademark referred to in this Law means the use of a trademark on commodities, commodity packaging or containers, and commodity trading documents, or the use of a trademark in advertising, publicity, exhibition and other commercial activities to identify the source of commodities." And the seventh paragraph of article 57 "to others the right to exclusive use of a registered trademark of other damage caused by the behavior of infringing the right to exclusive use of a registered trademark" and "the Supreme People's Court on some issues of applicable law in trademark civil dispute cases interpretation under paragraph (2) the first article" copy, imitation, translation of the well-known trademark of others register or its main part in not the same or similar goods used as a trademark, misleading the public, thereby causing damage to the interests of the well-known trademark registrant may, belong to the provisions of the trademark law of the behavior of the other damage to the right to exclusive use of a registered trademark of others." The approved goods of "Opai" trademark No. 1128213 of Opai Household Furniture Co., Ltd. are in the 20th class. Although the electrical products sold by Longda are not covered, the trademark was recognized as a well-known trademark on April 29, 2009 and enjoys the special protection of well-known trademark according to law. In this case, first of all, Longdaji used "Opai... Words such as "opie authentic European household big suction side suction double motor automatic cleaning smoke lampblack machine" "opie high temperature disinfection cabinet embedded vertical domestic large capacity two-door disinfection embedded cupboard", among them, the "European" suffix words is the description of product features, properties, the relevant public attention and recognition effect is the word "Europe", the relevant public will "European" word as a source of difference between a product or service mark, so the Long Daji use the word "European" behavior constitute a trademark use, secondly, will store involved using the "European" logo compared with cited trademark, the two words, pronunciation is the same, It is similar in composition and easy to cause confusion among consumers. Londaji used the words "Opai" in the online store involved in the case for publicity, which infringed the exclusive right of the registered trademark of "Opai" No. 1128213 of Opai Furniture Company. Londaji shall bear the responsibility to stop the infringement and compensate for the loss.

    3. (1) Counterfeiting the registered trademark of others; (3) making unauthorized use of another person's enterprise name or name to mislead others into believing it is another person's commodity ". This case, "Europe" is the European household font size on your company's business name, is also a European household company use of trademark, European household company is the domestic famous furniture production enterprise, on the 20th of the sideboard, "European" trademark by the trademark office as a well-known trademark, the enterprise also won many honors, such as China's brand-name products, famous trademarks of guangdong province, 2012 China top hutch defends, whole kitchen top ten leading enterprises, 2012 guangzhou mayor quality prize, 2014 guangdong household field top ten most valuable brands, innovation ten strong enterprise honorary title, In CCTV, hunan TV station and other print media for advertising, pay a lot of advertising costs, visible "European" series of products as well as the "European" font size across the country have high visibility, and by the relevant public know, European furniture company's prior rights by "general principles of the civil law of the People's Republic of China" and "anti-unfair competition law of the People's Republic of China". Long Daji when the online store using "guangdong", guangdong company, after hutch company in the production and sales of the products, packaging, and warranty card with the word "guangdong opie technology co., LTD.", easy to make the relevant public to mistake its products with European companies there is a link between household, easy to make the relevant public confusion and mistakes of product source, damage the legitimate rights and interests of European household company, three the defendant's act clearly violates the law of the People's Republic of China of unfair competition law, the provisions of article 2 "in the market transaction, an operator shall follow the the principles of voluntariness, equality, fairness, honesty and credit", It violates the recognized business ethics in market transactions and infringes the right to the enterprise name of Opai Furniture Company, which is an act of unfair competition, and the three defendants shall bear the tort liability.

    4. The parties failed to provide evidence of implementation of the trademark infringement and unfair competition because of the infringer to European furniture company of the actual loss as well as the profits of the infringer, we consider the household company's brand awareness and the infringer's scale of operation, the infringer during the implementation of the nature of the infringement, and the consequences, as well as the degree of subjective fault, European household attorney's fees, incurred by the company to stop infringement notarial fees, travel expenses, the cost of buying infringing material factors, such as our discretionary Long Daji pay compensation to the European household company 20000 yuan (including reasonable expense to stop the infringement), Guangdong Opai Company and Kitchen Company shall pay the compensation of RMB 110,000 to Opai Household Company (including reasonable expenses for preventing infringement).

    If Long Da Ji refuses to attend the court proceedings without justifiable reasons after being legally summoned by the court, he may be deemed to have waived his right of defense in this case, but this will not affect the court's judgment according to law.

    To sum up, in accordance with the general principles of the civil law of the People's Republic of China, in the second paragraph of the first paragraph of article one hundred and thirty-four, the "trademark law of the People's Republic of China" (7), article sixty-three, article 48 and article 57, the anti-unfair competition law of the People's Republic of China, article 2, article 5, article 20, the Supreme People's Court on some issues of applicable law in trademark civil dispute cases to explain "article 9, article 10, article 16 and article 17, In accordance with the provisions of Article 1, Article 4, Article 6, Paragraph 1 of Article 17 and The provisions of Article 64, Paragraph 1, and Article 144 of the Civil Procedure Law of the People's Republic of China, the judgment by default is as follows:

    I. As of the legal effect of this judgment, defendant Longda immediately stopped using the words "Oupai" and "Guangdong Oupai" for publicity when selling range hoods and disinfection cabinets in the store of the shopkeeper on Taobao.com named "Long Yiyi Darling";

    Ii. As of the date of the legal effect of this judgment, defendant Longda immediately stopped selling the range hood and disinfection cabinet marked with the words "Guangdong Opai Technology Co., LTD";

    3. The defendant guangdong Opai Technology Co., Ltd. and Zhongshan Houcai Kitchen Appliances Co., Ltd. immediately stopped the production and sale of disinfection cabinets and range hoods marked "Guangdong Opai Technology Co., LTD." as of the date of the legal effect of this judgment;

    Iv. Within 5 days from the date of the legal effect of this judgment, the defendant, Long Daji, shall pay the plaintiff, Opai Home Furnishgroup Co., LTD., an indemnity of 20,000 YUAN (including reasonable expenses paid to stop infringement);

    V. The defendant guangdong Opai Technology Co., Ltd. and Zhongshan Houcai Kitchen Appliances Co., Ltd. shall, within 5 days from the date of the legal effect of this judgment, pay the plaintiff Opai Home Furnishgroup Co., LTD. RMB 110,000 (including reasonable expenses for preventing infringement);

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

    If the pecuniary obligation is not performed within the period specified in this judgment, the interest on the debt for the delayed period shall be doubled in accordance with article 253 of the Civil Procedure Law of the People's Republic of China.

    The handling fee of the case is 13,800 yuan, 20% of which is 2,760 yuan borne by the plaintiff Opai Household Group Co., LTD., 20% of which is 2,760 yuan borne by the defendant Longdaji, and 60% of which is 8,280 yuan borne by the defendant Guangdong Opai Technology Co., LTD., and Zhongshan Houhuoelectric Co., LTD.

    If you are not satisfied with this judgment, you may, within 15 days from the date of serving the judgment, file an appeal to the court, and make copies of the appeal according to the number of the other party or the representatives, and appeal to the Intermediate People's Court of Zhongshan city, Guangdong Province.

    Guo Ning, chief judge

    The people's assessors practise cotton

    People's Juror Yip Genghua

    April 18, 2017

    Clerk Lu Guotang