Tu Rabbit Can'T Avoid Riding A Car.
It is easy to think of bunny. It is easy to think of the rabbit with long legs and big front teeth in a series of animated cartoons called "BUGSBUNNY" produced by the wartime company of the United States. Its Chinese plation is called rabbit Bunge.
However, the famous "Bunny" recently had trouble in China. It met a brother with the same surname and had a lawsuit with him.
Wang Liyi, a farmer entrepreneur in Zibo, Shandong.
In 1994, a small company producing food and drink was founded, because of its own rabbit, there are 8 brothers and associates with the trademark of rabbit.
In January 14, 1998, he was officially approved by the Trademark Office of the State Administration for Industry and Commerce for his trademark registration in the thirtieth category (biscuits, instant noodles) and thirty-second categories (non alcoholic beverages).
The emergence of "two Bunny" will inevitably lead to a war of fame.
In December 1999, the American Time Warner filed an application for cancellation of registration for the Trademark Review and Adjudication Board of the State Administration for Industry and commerce, requesting the cancellation of two registered trademarks of Wang Liyi.
In the application submitted to the Trademark Review and Adjudication Board of the State Administration for Industry and commerce, Time Warner said that as early as 1940, the first animated cartoon "BUGSBUNNY", which was produced by the company, began to appear. In recent years, there have been TV stations playing the animated cartoon in China.
The rabbit's image as the main image should be protected by copyright law.
Wang Liyi believes that since BUGSBUNNY was released in 1940, it has exceeded the protection period of 50 years of film and television works under the provisions of the copyright protection act and the Berne Convention for the protection of literary and artistic works.
Therefore, he registered "rabbit" trademark does not infringe on the copyright of the other party.
Moreover, the registered trademark is only the 3 characters of "Bunge", which is not called a work. Therefore, time warner can not enjoy the protection of copyright law.
After careful review, the Trademark Review and Adjudication Board made a final ruling at the end of 2001. According to the relevant laws, only works enjoyed copyright. Time Warner could have copyright on the rabbit images and animation works created by them, but they could not enjoy copyright in the word bunny.
Therefore, Time Warner's reasons for revoking the application are not valid, and the trademark remains registered.
He congratulated many people on Wang Liyi's victory and thought it was a mature expression that China's small businesses gradually learned to protect their interests by law, and others thought that the ruling was unfair.
An expert interviewed told reporters that she did not approve of Wang Liyi's approach.
She believes that the reason why Wang Liyi won this game is ingenious, because the angle chosen by both sides is from copyright, and the provisions of the law are more advantageous to Wang Liyi.
But Wang Liyi's "Bunge" trademark does have the suspicion of "hitchhiking", which will cause trouble in use. She hopes that Chinese enterprises will try to avoid such a practice of "edge ball".
At the same time, she also appealed to relevant departments to carry out corresponding legislative work in a timely manner.
Wei
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