Second Instance Of Motorola'S Trademark Exclusive Right Dispute Case

In June 18th, a case of infringement of the exclusive right of Motorola trademark was heard in the second intermediate people's Court of Shanghai.

At 9:15 in the morning, the court was postponed to 9:35 due to the late traffic jam of the appellant Lee.

In the first instance of the case, the appellant Motorola found that Lee, an appellant, sold the mobile phone of counterfeit "Motorola" registered trademark in the name of the defendant in the first trial, through a shop counter in the market of a communications product in Shanghai.

The trial court ruled that Lee and Zhang immediately stopped infringing on the exclusive right of the registered trademark of Motorola company, and jointly compensated the economic loss of 50 thousand yuan, of which Lee paid 40 thousand yuan, and Zhang paid 10 thousand yuan.

Lee refused to accept the appeal to the second middle court of Shanghai.

In the second instance trial, the argument between the two sides is that Li believes that counterfeit Motorola phones are not owned by their stores but are mobiles from other stores that Motorola requires.

Motorola insists that they do not have the initiative to ask Lee to sell, but that the store has fake Motorola sales.

In the court hearing, Li told the court that it was "a deliberate attempt by the plaintiff in the first instance to create a wrong case of confusing right and wrong by means of deceiving the court of first instance".

He said that in the first instance judgment, the appellant bought the "AURA" mobile phone from other shops as a fact that he bought "a mobile phone with the word" AURA "in the outer package.

In addition, Li also suggested that during the first instance, the notarization document issued by Motorola company was questioned, and it was considered that the amount of economic losses that the first instance decided to compensate for itself was too high.

"I took imitation products under the request of them (Motorola).

I asked them if they wanted to be authentic or counterfeit. They said they wanted to imitate, and the better the imitation, the better.

Li said, for this reason, he specially pferred two mobile phones to other counters, because Motorola thought that "the first cell phone's logo is not imitated."

In this regard, Motorola's attorney Feng Zhen denied it.

She pointed out that during the whole purchase process, notaries were involved, and notaries could confirm that "there is no initiative to request the sale of Lee".

Feng Zhen told the court that they had gone through two rounds of investigation to confirm that Lee shop was selling fake Motorola phones before sending people to buy them.

There are differences between the two sides in deciding the amount of compensation.

Li said that he only sold a counterfeit Motorola phone, making a profit of 130 yuan, while the amount of compensation awarded was 40 thousand yuan. "The judgment has no legal basis."

Motorola said that when considering the amount of compensation, the nature of infringement and the time of infringement should be considered.

Motorola filed a lawsuit filed in the whole country in December last year. Up to now, the Guangdong court has awarded a compensation of 100 thousand yuan, and the Shenzhen court has awarded a compensation of 70 thousand yuan.

Relative to these amounts, the compensation amount of 50 thousand yuan is not high.

After more than half an hour of debate, the two sides finally expressed their willingness to settle under the court. If the mediation fails, the collegial panel will make a sentencing decision after full comment.