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The Differences Between The Two "Wanbao" Trademarks Are Different.

2009/5/3 14:49:00 42061

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A few days ago reported two cases of trademark disputes between Guangzhou Wanbao Group Co., Ltd. (hereinafter referred to as Guangzhou Wanbao) and Wanxin Bao Electric Appliance Co., Ltd. of Shunde District of Foshan (hereinafter referred to as Shunde Wan Xinbao). The particularity of these two cases has aroused the concern of all sectors of society. After in-depth understanding by our reporter, we found that the "strange case" is not the same case. Therefore, it is not "two cases of the same case", but two cases involving two enterprises of the original and defendant.

The causes of disputes: two enterprises have similar trademarks

Originally, Guangzhou Wanbao and Shunde Wanxin Bao are enterprises that produce household appliances. However, the two enterprises have trademarks and phonetic symbols related to "Wanbao" respectively. Among them, Wanbao group has the exclusive right to register the trademark "Wanbao" and "WANBAO". Wanxin Bao enjoys the exclusive right to use the registered trademark "Wanbao". Both companies use the "Wan Bao" (Chinese) and the "WANBAO" (Pinyin) in the products or packages that they produce or authorize others to produce.

Both sides believed that the other party's actions violated their exclusive right to trademark, so they launched a lawsuit lawsuit against trademark in recent years, and filed tort lawsuits in Foshan Nanhai District Court and Shunde district court respectively.

Shunde Wan Xin Bao told a factory to use its trademark.

First of all, it was Shunde Wan Xin Bao.

In 2008, Wanxin Bao of Shunde filed the court in Foshan and Guangzhou Wanbao, and said that the beauty factory had used their trademark "Wanbao" (Registration Number: 221045) on its fan products, and also marked the design and slogan of "Wanbao genuine products, beware of counterfeiting".

Shunde Wan Xin Bao believes that it has won the trademark in December 16, 2005 by auction. However, the United States factory has made the foregoing action without violating its license, and infringed the interests of WAN Xin Bao, Shunde. Therefore, it requested the court to order the US plant and Guangzhou Wan Po to stop producing and selling the fans with the above patterns and characters, and to compensate for its loss of 1 million yuan.

After the court hearing, the Shunde District Court confirmed that Shunde Wanxin Bao was the trademark owner of the "Wanbao" trademark (Registration Number: 221045). It also believed that Wanbao and Mei Pai factory in Guangzhou had no right to use the "Wanbao" trademark on the fan products, and finally decided that the owner of the Mei Pai factory and the Mei Pai factory had to compensate the Shunde Wanxin Bao for 200 thousand yuan in addition to halting the unfair competition behavior. Guangzhou Wanbao was jointly and severally liable.

Guangzhou Wanbao tells Shunde Wanxin Bao infringement

Guangzhou Wanbao also took Shunde's Wanxin Bao to infringe its trademark right and sent the other side and an electrical appliance dealer Wu to the court.

Guangzhou Wanbao said that the company has a registered trademark "WANBAO" (Registration Number: 309163), "Wanbao" (Registration Number: 3433908) and "WANBAO" (Registration Number: 309162) (the trademark approval scope does not include fans), but they found that Shunde Wanxin Bao used the "WANBAO" trademark in the prominent position of its production fan, which greatly misled consumers. Therefore, Shunde Wanxin Bao and Wu were asked to stop producing and selling related products, and compensate for the economic losses 1 million yuan.

Ultimately, the South China Sea court held that the products produced by Wanxin Bao in Shunde were similar or similar to those approved by Guangzhou Wanbao registered trademark, and were accused of infringing trademarks similar to that of Guangzhou Wanbao registered trademark. Therefore, it was found that the Shunde Wanxin Bao company's infringement act was established, and it was decided that Shunde Wanxin Bao had to pay 1 million yuan to Guangzhou Wanbao in addition to stopping the infringement immediately.

Foshan intermediate people's Court:

Different facts and different judgments.

In the interview, the Foshan intermediate people's Court stressed that although the action of tort is different, the facts of the infringement are different from each other, and the facts are different from each other, so the amount of damages awarded by the two sides is different.

In the case accepted by the court in Shunde, the plaintiff is Wanxin Bao company. The defendant is Wanbao group and Mei Pai factory. The object of the dispute is whether the fan produced by Wanbao group and the "Wanbao" (Chinese) written on the package are used for the infringement and unfair competition of the registered trademarks owned by Wanxin Bao company.

In the case of the South China Sea court, the plaintiff is Wanbao group, and the defendant is Wanxin Bao company. The subject of the dispute is the word "WANBAO" (Pinyin) used by Wanxin Bao on its production fan, and whether it constitutes a trademark infringement on the trademark "Wanbao" and "WANBAO" registered trademark of Wanbao group.

The court judges the facts in accordance with the law.

At present, both sides have appealed, and the two cases have been pferred to the second instance of the Foshan intermediate people's court.

This newspaper will continue to pay attention to the subsequent progress of the case.