Yi Jianlian'S Sporting Goods Trademark Infringes On Others' Rights And Interests
昨日,是第10個世界知識產權日,一中院集中宣判10起商標糾紛案件,其中9起為傍名牌或惡意注冊,全部被撤銷。
In the 10 cases of trademark disputes, Xu applied for registration of "State Department" trademark on fruit wine (alcoholic), cocktail and other commodities. Yi Jianlian sporting goods (China) Co., Ltd. applied for "Yi Jianlian yijianlian" trademark; century BMW Group Limited "MBWL and map" trademark. These trademarks were rejected by the national business commission that they violated the interests of others or enterprises. The applicant applied the national business jury to the court.
One court heard that the word "state" in the "Ministry of state" would make consumers think that the goods had state-level quality. The word "department" would make consumers think that the product was in line with the quality evaluation of ministries and commissions, and it was a trademark with exaggerated publicity and deceptive character. Yi Jianlian yijianlian directly infringed the name right of basketball player Yi Jianlian. "MBWL and map" trademark will make consumers mistaken for BMW motor products.
Yesterday, a court decision dismissed the plaintiff's claim and all 9 trademarks were revoked. In the sentencing, only the "spring spanport" trademark applicants win. Liu Yuzhong, the trademark applicant, applies trademark registration to buses, trucks, tractors and so on. After the trial of the first intermediate people's court, it was considered that in the scope of trademark use, vehicles other than buses, such as trucks and tractors, were not used for the commonly known "Spring Festival spanportation" service, and were not directly related to the Spring Festival spanport. The state commercial judge decided to make a new decision on the "spring spanportation" trademark.
相關新聞
Profit driven increase in trademark cases
A court of intellectual property in the middle court revealed that in 2005, the first intermediate people's court accepted 61 cases of trademark confirmation, and reached 798 cases in 2009, an increase of 13 times. The trademark Confirmation Cases in 2009 accounted for 40% of the total number of intellectual property cases in the Beijing intermediate court. According to the introduction, trademarks can bring a lot of benefits, and a large number of enterprises and individuals begin to apply for registration. However, due to the drive of economic interests, vicious competition between famous brands and others' trademark is frequent.
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