国产成人av综合色-国产成人a人亚洲精品无码-国产成人a亚洲精v品无码-国产成人a在线观看视频免费-国产成人a在线观看视频免费-国产成人精品123区免费视频

Case of Dispute over "Schneider" Infringing Trademark Right

August 23, 2022

Case brief:

Schneider Electric (China) Co., Ltd. (hereinafter referred to as Schneider China company) is authorized to enjoy the right to use five Chinese and foreign trademarks of "Schneider" and "施耐德" such as No. G715396 on goods in Class 9 including "electric switches, circuit breakers and electric relays", and has the right to file civil lawsuits. In January 2013, Schneider China company filed a lawsuit with the people's court of Xiacheng District, Hangzhou, claiming that "Hangzhou Schneider Electric Co., Ltd.", the predecessor of Hangzhou Dongheng Electric Co., Ltd. (hereinafter referred to as Dongheng company), infringed the trademark No. G715396. After the mediation and confirmation of the court, Dongheng company shall stop infringing the trademark No. G715396, change the enterprise name, and compensate Schneider China company for its economic losses and reasonable expenses totaling 100,000 yuan.

After the mediation of the previous case, although Dongheng company revised its website and changed its name, it continued to use the "Schneider" trademark in a large number of places such as the homepage, article title, product price list and product links. At the same time, in the "China supplier network" operated by Beijing Qizhihaotian Technology Co., Ltd. (hereinafter referred to as Qizhihaotian company), where the products of Dongheng company were displayed, there were 201 product links with the "Schneider" trademark. In the product introduction, the Chinese and foreign trademarks "Schneider/施耐德" were also widely used. The above behavior continued until 2019. Schneider China company filed a lawsuit again to require Dongheng company to compensate for the loss of 3 million yuan, and Qizhihaotian company to bear joint and several liability within the range of 10,000 yuan.

The court of first instance held that Dongheng company's act involved in the case belongs to the use of the same or similar trademark logo as Schneider China company on the same or similar goods, which is easy to confuse the relevant public about the source of the goods and infringes upon Schneider China company's rights to the trademark involved, and should bear the legal liability for compensation. As an information release platform, Qizhihaotian company had fulfilled the obligation of reasonable care and deleted the infringing links in a timely manner, so it does not need to bear the tort liability. As for the specific amount to be compensated by Dongheng company, it is decided that Dongheng company compensated Schneider China for the economic loss of 3 million yuan based on the comprehensive consideration of the popularity of the trademark involved, the repeated infringement of the sued act, the obvious subjective malice and the long duration. The first instance judgment of the case has come into effect.

Comments:

This case is a typical case in which punitive factors are fully considered to determine the amount of legal compensation at a high level. Although this case can meet the legal requirements for the application of punitive damages, it is difficult to determine the base of punitive damages, and the court fully considered the punitive factors to determine the amount of legal compensation from a high level, and fully supported the plaintiff's claim of compensation of 3 million yuan. The judgment of this case fully reflects the implementation of the requirements of increasing punishment for serious infringement act and strict protection of intellectual property rights, which is conducive to the improvement of the market-oriented, legal and international business environment.

(Source of case: Beijing Higher People's Court)

 

Keywords

主站蜘蛛池模板: 日本天堂视频在线观看 | 亚洲精品无码成人A片色欲 亚洲精品无码成人A片在线古代 | 国产99久久精品一区二区 | 无码日韩精品一区二区人妻 | 色哟哟在线观看视频高清大全 | 伦人伦xxxx国语对白 | 国产精品揄拍100视频 | 久操久热 | 亚洲热在线视频 | 日韩精品网站 | 福利国产 | 久草福利社 | 男人和女人做爽爽视频 | 久草视频大全 | 少妇被躁爽到高潮无码文 | 精品国产乱码久久久久久婷婷 | a级片在线免费播放 | 亚洲乱亚洲乱少妇无码99p | 青娱乐在线免费 | 欧美日韩精品suv | 欧美精品久久99人妻无码 | 久久精品国产亚洲av品善 | 成年女人a毛片免费视频 | 国产精品视频全国免费观看 | 大伊人影院 | 成年人小视频网站 | 久久久无码精品亚洲日韩按摩 | 日日干夜夜拍 | 色情无码www视频无码区小黄鸭 | 99久久精品国产一区二区成人 | 日产精品一区到六区免费 | 国产乱码精品一区二区三区四川 | 久草在线播放视频 | 深夜性久久 | 国语少妇高潮对白在线 | 无码中文字幕色专区 | 精品香蕉99久久久久网站 | 天天干夜啪 | 啪啪在线看 | 免费黄色小视频在线观看 | 天天搞天天爽 |