Civil judgment of Futian District People's Court in Shenzhen city, Guangdong Province

    Futian District People's Court of Shenzhen City, Guangdong Province

    Written judgment of civil affairs

    (2017) No. 5316, Early Republic of China, Yue 0304

    The plaintiff Opai Furniture Group Co., LTD., domicile place: Baiyun District, Guangzhou city, unified social credit code ××97C.

    Legal representative Yao Liangsong, chairman of the board.

    Entrusted agent Zhai Mingyue, lawyer of Shandong Changping Law Firm.

    Attorney Wang Ning, lawyer of Shandong Changping Law Firm.

    Defendant Dongshengxin Kitchen Electric Appliance Sales Department of Jinniu District, Jinniu District, Chengdu, registered no. 5XXXXx59.

    Operator li Dadong, male, Han Nationality, address: Anlu city, Hubei Province,

    The defendant, Shenzhen Opai Century Technology Co., LTD., registered at Meilin Dui Industrial Zone, Meihua Road, Futian District, Shenzhen, No. Xxxxxxxx57.

    Legal representative Nelly.

    Defendant: Zhongshan Dongfeng Town Jiaozi Electric Appliance Factory, domicile place Zhongshan City, unified social credit code ××16W.

    Legal representative Wu Zili, general Manager.

    Attorney Yin Jianping, lawyer of Guangdong Xiangyu Law Firm.

    The plaintiff opie household group co., LTD. V. the defendant thesis dongsheng xin kitchen appliances sales department (hereinafter referred to as the east sheng xin shop), shenzhen opie century technology co., LTD. (hereinafter referred to as the European company in shenzhen) and dongfeng town, zhongshan city of runway electrical appliance factory (hereinafter referred to as the runway electrical appliance factory) the infringement trademark rights disputes and unfair competition, our college on February 17, 2017, after accepting, form a collegial panel in accordance with the law, public hearing on May 10, 2017 for a trial. Wang Ning, the plaintiff's agent, and Yin Jianping, the defendant's agent, the Jiaozi electric appliance Factory, attended the lawsuit in court. After being legally summoned by the court, the defendant, Dongshengxin Business Department and Shenzhen Opai Company, failed to attend the lawsuit. The case is now closed.

    Class 11, according to the original told the plaintiff department "" "" registered trademark rights, such as the plaintiff since its inception, after decades of operation, has been "Europe" casting become household names, as is known to all of the country's household, electrical appliances, sanitary ware brand, the brand has won the "Chinese famous brand", "China well-known trademark", such as reputation, in the public mind, "Europe" has become not only the plaintiff products and on behalf of the symbol of the enterprise name, also become the instructions of the plaintiff and the plaintiff associated enterprises significant recognition of market main body and the sources of identity. In September 2016, the plaintiff found that the defendant Dongshengxin business Department used "Opai" in a large number in the store to carry out false propaganda and sell range hood, disinfection cabinet and gas stove marked with the words "Shenzhen Opai Century Technology Co., LTD". The plaintiff applied for evidence preservation in the notary office for the aforesaid infringement. After further investigation, the plaintiff found that the products were manufactured by Shenzhen Opai Company and Jiaozi electric appliance Factory. In order to maintain the good reputation of the plaintiff's "Opai" brand, the three defendants intentionally used the words "Opai" and "Shenzhen Opai Century Technology Co., LTD" in the stores and products, which infringed upon the plaintiff's right to exclusive use of the registered trademark and constituted unfair competition, causing great economic losses to the plaintiff. Therefore, the plaintiff sued the court and asked for an order: 1. The defendant Dongshengxin Business Department immediately stopped using the word "Opai" in the store to infringe the exclusive right of the trademark; 2. Ii. The defendant Dongshengxin Business Department immediately stopped the sale of unfair competition behaviors of range hoods, disinfection cabinets and gas stoves marked with the words "Shenzhen Opai Century Technology Co., LTD."; 3. The defendant, Shenzhen Oupai Company and Jiaozi Electric appliance Factory, immediately stopped the production and sale of the unfair competition behaviors of range hoods, disinfection cabinets and gas stoves marked with the words "Shenzhen Oupai Century Technology Co., LTD"; Iv. The defendant Shenzhen Opai Company immediately changed its enterprise name and shall not use the word "Opai" in the changed enterprise name; V. The three defendants shall jointly compensate the plaintiff a total of RMB 200,000 yuan for economic losses and reasonable expenses for safeguarding their rights; 6. The defendants shall bear the litigation costs of the case.

    The defendant Dongshengxin Business Department and The defendant Shenzhen Opai Company did not submit a defense, and were absent at the court session.

    Defendant runway electric plea in court, according to the production of products does not constitute infringement, its before production has shenzhen opie company logo to the defendant and the business license of authenticity, legitimacy and validity to carry on the reasonable review, shenzhen opie company authorized to the defendant has done the necessary care and duty of care, it does not bear any responsibility.

    Trial found that guangzhou kang jie kitchen equipment co., LTD., approved by the state trademark office registered no. 1137521, "" a registered trademark shall be used goods of class 11 kitchen stove, gas stove, cooking utensils, etc., is valid from December 21, 1997 to 2007 on December 20, renewal of validity from December 21, 2007 to December 20, 2017. Guangzhou oupai cabinet enterprise co., ltd. has registered the registered trademark no. 4378572 "" with the trademark office of the state, and approved the use of gas stoves, baking utensils (cooking utensils), disinfecting cupboards, etc. of category 11. The effective period is from June 7, 2007 to June 6, 2017. On March 24, 2014, the names of the registrants of the above registered trademarks were changed to Opai Home Furnishing Group Co., LTD.

    On September 7, 2016, the plaintiff's agent Wang Shouzhen applied for notarization of evidence preservation to the Notary Office of Guoli, Chengdu, Sichuan Province. On the morning of the notarial personnel with the plaintiff agent came to southwest five stone road, jinniu district, the store the lintel above have "opie hutch defends" "shenzhen opie century technology co., LTD.", hung on the wall behind the counter ", have a home, have love, have a European "" shenzhen opie century technology co., LTD." the plaque, in-store wall above marked "have home, have love, have the" decoration. The notary took photos of the exterior scene of the above market, the appearance of the store and the purchase site. The plaintiff's agent bought a gas stove, disinfection cabinet and lampblack machine in the shop, and got a "Li Da Dong" business card issued by the shop assistant and a sales voucher with the number of 0001450 on the spot, and also got a commodity brochure. The notary shall take photos of the above articles and seal them up. On this basis, The National Strength Notary Office of Chengdu, Sichuan Province obtained the notary Certificate of Sichuan Guogong Certificate No. 110538 (2016) on September 29, 2016.

    During the trial, the court opened the seal attached to the notarial certificate, including a file bag and three products involved.

    There are brochures, sales vouchers and business CARDS in the file bag. Brochure cover, back cover, the first page, page 5 emblazoned with the wording "opie century technology (shenzhen) co., LTD.", brochures inside pages for all kinds of kitchen utensils and appliances, household appliances, photos and introduction, photo show all appliances are printed on the wording "opie century technology (shenzhen) co., LTD.", the brochure cover also printed with "runway electrical appliance factory production base: zhongshan city dongfeng town". The sales voucher is printed with the words "Home, love, Love, OVPENE" on the top and "Shenzhen Opai Kitchen & Bathroom Appliances" on the bottom. The sales voucher is printed with the words "Address: No. A-25, 3rd Floor, Wukuaishi Electronic Appliance Southwest Hotel Wholesale Mall, Chengdu" and the phone number: 028-831330881870273060 "and household name are" Li Dadong "AGRICULTURAL Bank of China, ICBC card number, recorded date is September 7, 2016, commodity model" disinfection cabinet ", amount "1", amount "680", model "D28096 cigarette machine", amount "1", amount "680", model "window", amount "1", amount "280". The name card is printed with the words "Home with love with OVPENE", "Southwest General Agent of Shenzhen Opai Century Technology Co., LTD", "Li Dadong" and "Sales Manager". The address, telephone number and sales voucher are the same.

    The outer packing cartons of the three products involved in the case were printed with the words "Youjia ? Youai ? Youpene", "Shenzhen Opai Century Technology Co., LTD" and "Company address: Meilin Duoli Industrial Zone, Meihua Road, Futian District, Shenzhen". Gas stove outer packing carton printed on the "manufacturer: Zhongshan Dongfeng Town Jiaozi Electric Appliance Factory" "Production address: Zhongshan Dongfeng Town", disinfection cabinet, lampblack machine outer packing carton printed on "Production base: Zhongshan Dongfeng Town Jiaozi Electric Appliance Factory" "Production address: Zhongshan Dongfeng Town Anle Thirteen Team". Unpack the gas stove outer packing carton, there is a gas stove, a manual, a warranty card: there is a label on the upper right corner of the gas stove, printed with "Shenzhen Opai Century Technology Co., LTD."; The cover of the operation manual is printed with the words "Youjia ? Youai ? Youpene" and "Shenzhen Opai Century Technology Co., LTD.", and the back cover is printed with the name, address, production base and production address of the defendant Shenzhen Opai Company. The contents are consistent with the outer packing. The warranty card is printed with the words "Shenzhen Opai Century Technology Co., LTD". The outer packing box of the disinfection cabinet contains a disinfection cabinet and a manual. The upper left corner of the disinfection cabinet and the cover of the manual are printed with the words "You have home, you have love, you have OVPENE". Unpacking the carton outside the lampblack machine, there is a lampblack machine and a manual inside. The cover of the lampblack machine and the manual is printed with the words "Youjia ? Youai ? OVPENE".

    Another check, the plaintiff was founded on July 1, 1994, the historical name of the enterprise includes Guangzhou Kangjie kitchen equipment Co., LTD., Guangzhou Oupai cabinet Enterprise Co., LTD., Guangdong Oupai Group Co., LTD. The defendant Dongshengxin business Department was established on March 4, 2014, and its business scope covers wholesale and retail kitchen appliances. The defendant Shenzhen Opai Company was established on October 31, 2012, and its business scope includes online sales of range hood, disinfection cabinet, gas stove, gas water heater and other domestic trade. The defendant Jiaozi electric Appliance Factory was established on May 24, 2012. Its business scope covers the production and sales of range hood, stove, electric water heater, induction cooker and disinfection cabinet.

    The defendant, shenzhen opai company, registered the trademark "OVPENE" no. 11729338 upon the approval of the trademark office of the state, and approved the use of cooking utensils, kitchen range hoods, disinfection equipment, etc. of category 11. The effective period is from April 14, 2014 to April 13, 2024. On March 1, 2016, the shenzhen opie company (party a) and the defendant runway electrical appliance factory (party b) signed the purchase contract, agreed to b purchasing kitchen smoke lampblack machine, kitchen appliances, and according to the procurement project to party b distribution corresponding packing carton, product specification, certification, warranty card and other accessories and marked signs, party b shall, in accordance with the party a specified type, packaging and accessories supply and time to party a; Party A shall be responsible for the design, quality and testing of the ordered products and all intellectual property matters such as trademarks, patents, packaging, decoration and technical parameters of the products. Party A shall be responsible for the follow-up of the whole process and shall provide Party B with written documents of trademark right license. On the same day, the defendant shenzhen opai company issued a letter of authorization to the defendant's jiaozi electric factory, authorizing the defendant's jiaozi electric factory to use the registered trademark "OVPENE" no. 11729338 on the goods ordered by the defendant. The authorization period began on March 1, 2016 and began on March 1, 2017.

    Check again, in December 2012, Committee of project of hutch of association of Chinese building decoration was issued to plaintiff "2012 Chinese hutch is defended 100 hundred" "enterprise of integral kitchen leading 10 top" certificate, valid term one year; In September 2013, the Guangzhou Municipal People's Government awarded the plaintiff the "2012 Guangzhou Mayor Quality Award"; On December 28, 2014, the plaintiff's case evaluated by Brand Watch magazine was selected as the silver Award of 2014 Annual Brand Marketing Case in China. In January 2015, Guangdong Home Furnishings Federation and Guangdong Furniture Chamber of Commerce jointly awarded the plaintiff the title of "Top 10 Most Valuable Brands" and "Top 10 Innovative Enterprises" in the field of Guangdong pan-household in 2014.

    In 2010, the plaintiff placed an advertisement in Shanghai Cabinet magazine under the slogan "You have a family, you have love and you have Opie". In 2011, the plaintiff placed advertisements on newspapers and magazines such as Linchuan Evening News, Zhuhai Special Zone Daily, Anqing Daily, Sales and Marketing Management Edition, Ruili Home Furnishing and Decorating the World, all with the slogans of "You have a family, you have love and you have Opai". Since 2012, the plaintiff through sponsorship programs, advertising and so on in several television media to promote their brands, including two sets of CCTV "swap space" funds, domestic outfit, advertise on CCTV news "global vision" in hunan TV's "the 10th golden eagle festival closing ceremony and awards" ads and use "have love. Home. The pie" slogan, etc.

    Check again, the plaintiff submitted to the court notary fee 1,750 yuan invoice, to prove that it is a reasonable expenditure to stop infringement.

    The above facts are supported by the trademark registration certificate, notarial certificate and the attached object, industrial and commercial registration information, purchase Contract, Power of Attorney, bills and the transcripts of the trial of this case.

    The court holds that, with the approval of the national trademark administration department, the plaintiff obtains the exclusive right of the registered trademark No. 1137521 and No. 4378572. The above trademarks shall be protected by law within the term of protection prescribed by law. The gas stove sold by the defendant Dongshengxin business department belongs to the same kind of commodity as the gas stove approved by the plaintiff's No. 1137521 registered trademark "" and the gas stove approved by the plaintiff's No. 4378572 registered trademark. The disinfection cabinet sold by the defendant belongs to the same kind of commodity as the disinfection cupboard approved by the plaintiff's No. 4378572 registered trademark. The east sheng xin selling house, without the consent of the plaintiff in its business sales kitchen burning gas, disinfection cabinet, and other kitchen supplies stores to use the "European" trademark words, objectively can make ordinary consumers for goods source of confusion and mistakes, their behavior violated the plaintiff's right to exclusive use of a registered trademark, stop the infringement, compensate for the loss of civil responsibility. The defendant Dongshengxin Business Department shall immediately stop infringing the exclusive right to use the registered trademark "" of plaintiff No. 1137521 and No. 4378572, that is, stop using the word" Opai "on its store signs.

    The shop name in the enterprise name USES the registered trademark of others, even if the normal use of the company name does not constitute a prominent use, if the user of the shop name subjectively has the malicious reputation of the registered trademark, objectively enough to cause confusion, may constitute unfair competition. According to article 7 of the Regulations on The Registration of Enterprise Names, the name of the defendant Shenzhen Opai Company is "Opai Century". The plaintiff was registered in 1994 and registered the trademark of "" in 1997. After years of operation and publicity by the plaintiff, the trademark of" "and its series of products have a high visibility in the whole country, and have certain influence in the kitchen and bathroom commodities, and are known by the relevant public. The European company in shenzhen as hutch defends equipment operators, should know the existence of "" trademark and popularity, the defendant shenzhen opie company registration without permission from the plaintiff and use include the word" European "font size, and not to make a reasonable explanation, which subjectively has obvious clings to the registered trademark awareness on purpose. The defendant runway electrical appliance factory, east sheng xin shop as producers and sellers of hutch supplies, shall also be an understanding "" trademark, the defendant runway electrical appliance factory cooperation with the defendant Europe company in shenzhen, the production with the wording" shenzhen opie century technology co., LTD. "the kitchen burning gas products, such as the east sheng xin shop in stores, with" shenzhen opie century technology co., LTD. "on the brand and the company name was on the sales of kitchen burning gas, and other products, three production and sales of the defendant and the plaintiff use" "trademark approved items of the same goods, It is easy for consumers to mistake the user of "Europia Century" and the owner of "" trademark for having a certain relationship or association, which will cause the confusion of the relevant public on the source of goods. To sum up, the ACTS of the three defendants violated the principle of good faith and recognized business ethics, infringed on the legitimate rights and interests of the plaintiff, disrupted the market competition order, and constituted unfair competition. Therefore, they should bear the civil liability of stopping the infringement and compensating for the loss. Defendant Dongshengxin business Department shall immediately stop the sale of gas stoves, disinfection cabinets and range hoods marked "Shenzhen Oupai Century Technology Co., LTD."; The defendant Shenzhen Oupai Company and Jiaozi electric appliance factory should immediately stop the production and sale of gas stoves, disinfection cabinets and range hoods marked "Shenzhen Oupai Century Technology Co., LTD."; The defendant Shenzhen Opai Company should also stop using the word "Opai" in its enterprise name.

    On the amount of damages to be paid by the three defendants. For infringement of the plaintiff did not proof to confirm the defendant because the specific interests and the plaintiff was gained by the infringement of concrete damage, considering the visibility, the trademark involved each degree of the defendant's subjective malice, the defendant's role in the process of infringement, the participation degree of the plot, and the reasonable expenses of the plaintiff for stopping the infringement, we determined the defendant dongsheng xin shop is the plaintiff's right to exclusive use of a registered trademark infringement and unfair competition behavior, the plaintiff economic loss compensation and reasonable spending a total of 30000 yuan. The defendant, Shenzhen Opai Co., Ltd. compensated the plaintiff for economic losses and reasonable expenses totalling RMB 120,000 for its ACTS of unfair competition, and the defendant, Coyote Electric appliance Factory, assumed joint and several liability for compensation within the limit of RMB 20,000. The court will not support the excessive part of the economic loss and reasonable expenses claimed by the plaintiff.

    In conclusion, according to the provisions of the trademark law of the People's Republic of China the first (2) of article 57, paragraph 1 of article sixty-three, paragraph 3, the anti-unfair competition law of the People's Republic of China, article 2, article 20, the Supreme People's Court on some issues of applicable law in trademark civil dispute cases interpretation (1) the first article, paragraph 1 of article 16, paragraph 2, the Supreme People's Court on the trial of a registered trademark and enterprise name and prior right conflict the provisions on some issues of civil dispute case of article 4, the civil procedure law of the People's Republic of China, the provisions of article one hundred and forty-four of the first paragraph of article sixty-four, The verdict is as follows:

    I. The defendant, Dongshengxin Kitchen Appliance Sales Department of Jinniu District, shall immediately stop infringing upon the exclusive right of the plaintiff, Opai Home Furnishing Group Co., Ltd. to the registered trademark no. 1137521 and No. 4378572.

    Ii. The defendant, Jinniu District Dongshengxin Kitchen Appliance Sales Department shall immediately stop the sale of range hoods, disinfection cabinets and gas stoves marked with the words "Shenzhen Oupai Century Technology Co., LTD";

    3. The defendant, Shenzhen Oupai Century Technology Co., LTD., and The defendant, Zhongshan Dongfeng Town Jiaozi Electric Appliance Factory, shall immediately stop the production and sale of range hoods, disinfection cabinets and gas stoves marked with the words "Shenzhen Oupai Century Technology Co., LTD.";

    Iv. The defendant, Shenzhen Opai Century Technology Co., Ltd. shall immediately stop using the enterprise name containing "Opai";

    V. The defendant, Dongshengxin Kitchen Electric appliance Business Department of Jinniu District, shall compensate the plaintiff, Opai Home Furnishing Group Co., Ltd. for economic losses and reasonable expenses of RMB 30,000 yuan to stop infringement within ten days from the date of the effectiveness of this judgment;

    Six, the defendant shenzhen opie century technology co., LTD should be on the day of the enforcement of this judgment, within 10 days to compensate the plaintiff European furniture group co., LTD., the economic loss and reasonable expenses of RMB 120000 to stop infringement, dongfeng town, zhongshan city of defendant runway electrical appliance factory is limited to 20000 yuan shall take several and joint liabilities for the debts;

    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.

    The handling fee of this case is 4,300 yuan (which has been paid in advance by the plaintiff), which shall be borne by the defendant dongshengxin Kitchen Electrical appliance Department of Jinniu District, Shenzhen Opai Century Technology Co., Ltd. and Jiaozi Electrical Appliance Factory of Dongfeng Town, Zhongshan city.

    If you are not satisfied with this judgment, you shall, within 15 days from the date of serving the judgment, file an appeal petition to the court, and make copies according to the number of the other party. You shall appeal to the Intermediate People's Court of Shenzhen, Guangdong Province, and pay the fees for accepting the appeal case in advance within 7 days from the next day after receiving the notice of prepaid appeal fee. Those who fail to do so within the time limit shall be deemed to have withdrawn the appeal automatically.

    Chen Lingling, Chief judge

    People's Juror Jiang Ruqiu

    "The people's Assessor Chen Saws

    August 16, 2017

    Clerk Sun Huayong

    Stenographer Harano

    The attached laws and regulations are as follows:

    Trademark Law of the People's Republic of China

    Article 57 any of the following ACTS shall be an infringement of the right to exclusive use of a registered trademark:

    (1) using a trademark identical with a registered trademark on the same kind of goods without the permission of the trademark registrant;

    (2) using a trademark similar to its registered trademark on the same kind of goods or using a trademark identical with or similar to its registered trademark on similar goods without the permission of the trademark registrant, which is likely to cause confusion;

    (3) selling commodities that infringe upon the right to exclusive use of a registered trademark;

    (4) forging or manufacturing, without authorization, signs of a registered trademark of another person, or selling signs of a registered trademark that is forged or manufactured without authorization;

    (5) changing a registered trademark of a trademark registrant and putting the commodities with the changed trademark back on the market without the consent of the trademark registrant;

    (6) intentionally facilitating the act of infringing another person's right to exclusive use of a trademark, and helping another person to commit the act of infringing the right to exclusive use of a trademark;

    (7) causing other damage to the exclusive right to use a registered trademark of another person.

    Article 63 The amount of compensation for the infringement of the exclusive right to use a trademark shall be determined on the basis of the actual losses suffered by the right holder as a result of 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 benefits obtained by the infringer, a reasonable multiple of the licensing fee for the trademark shall be determined by reference to the said trademark. If the circumstances are serious, the amount of compensation may be determined between one time and three times of the amount determined according to the above methods. The amount of compensation shall include the reasonable expenses paid by the right to stop the infringement.

    In order to determine the amount of compensation, the people's court may order the infringer to provide books and materials related to the infringement act, provided that the obligee has tried his best to provide evidence and that the books and materials related to the infringement act are mainly in the possession of the infringer; If the infringer fails to provide false account books or materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.

    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 pay compensation of not more than THREE million yuan.

    Law of the People's Republic of China against Unfair Competition

    Article 2 In market transactions, business operators shall abide by the principles of voluntariness, equality, fairness, good faith and observe generally recognized business ethics. "Unfair competition" as mentioned in this Law refers to the ACTS of business operators that, in violation of the provisions of this Law, harm the lawful rights and interests of other business operators and disrupt the social and economic order. "Business operators" as mentioned in this Law refer to legal persons, other economic organizations and individuals engaged in commodity trading or profit-making services (" commodities "hereinafter includes services).

    Article 20 If a business operator, in violation of the provisions of this Law, causes damage to the injured business operator, it shall be liable for compensation for the damage. If it is difficult to calculate the losses of the injured business operator, the amount of compensation shall be the profits made by the infringer during the period of infringement due to the infringement. It shall also bear the reasonable expenses paid by the injured operator for investigating the ACTS of unfair competition in which the operator infringes upon its lawful rights and interests.

    Interpretation of the Supreme People's Court on Some Issues concerning the Application of Law in The Trial of Trademark Civil Disputes

    Article 9 The term "identical trademarks" as provided for in Article 52, item (1), of the Trademark Law means that the trademark accused of infringement is compared with the registered trademark of the plaintiff, and there is basically no visual difference between the two.

    Article 52 of the trademark law of the first paragraph (a) the trademark approximation, is refers to the accused of infringement of trademark compared with the plaintiff's registered trademark, the glyph, pronunciation and meaning of the text or graphic composition and color, or the combination of whole structure similar to that of all the elements or the stereo shape, color combination, easy to make the relevant public to mistake the source of the goods or think of its source and the plaintiff's registered trademark commodities have a specific contact.

    Article 10 The people's court shall, in accordance with the provisions of Article 52, item (1), of the Trademark Law, determine that a trademark is identical or similar in the following principles:

    (1) based on the general attention of the relevant public;

    (2) A comparison shall be made on both the whole and the main parts of a trademark, and shall be made separately under the condition that the objects of comparison are isolated;

    (3) To judge whether a trademark is similar or not, consideration shall be given to the significance and popularity of the registered trademark which is requested to be protected.

    Article 16 If it is difficult to determine the interests the infringer has gained or the losses the infringed has suffered as a result of the infringement, the people's court may, at the request of the party concerned or in accordance with the provisions of Paragraph 2 of Article 56 of the Trademark Law, apply its functions and powers, determine the amount of compensation.

    When determining the amount of compensation, the people's court shall take into account such factors as the nature, period and consequences of the infringing act, the reputation of the trademark, the amount of the trademark license fee, the type, time and scope of the trademark license, and the reasonable expenses for stopping the infringing act.

    Where the parties have agreed on the amount of compensation in accordance with the provisions of paragraph 1 of this article, permission shall be granted.

    Provisions of the Supreme People's Court on Several Issues concerning the Trial of Civil Disputes Involving The Conflicts between Registered Trademarks, Enterprise Names and Prior Rights

    Article 4 Where the name of the enterprise sued infringes upon the right to exclusive use of a registered trademark or constitutes unfair competition, the people's court may, in light of the plaintiff's claims and the specific circumstances of the case, determine that the defendant shall bear civil liabilities such as ceasing to use or standarditing use.

    Civil Procedure Law of the People's Republic of China

    Article 64 A party has the duty to provide evidence in support of his claim.

    The people's court shall investigate and collect evidence that the parties and their agents AD litem are unable to collect by themselves for objective reasons, or that the people's court deems necessary for the trial of the case.

    The people's court shall examine and verify evidence in a comprehensive and objective manner in accordance with legal procedures.

    "Article 144 If a defendant, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws halfway without the permission of the court, the court may make a judgment by default."

    "Article 253 If the person subjected to execution fails to perform his obligations with respect to pecuniary payment within the period specified in a judgment or written order or any other legal document, he shall pay double interest on the debt for the delay in performance." If the person subjected to execution fails to perform his other obligations within the period specified in the judgment, written order or any other legal document, he shall pay a fee for late performance.