Sewing Machine Trademark Infringement Intensified &Nbsp; How To Protect Rights (Two)

Tricks two: tricky, "handle with care."

Attach a "handle with care" label on the sewing machine fuselage to cover the others on the chassis.

According to people familiar with the matter, recently, Yang's factory in a village in Taizhou, Zhejiang has been investigated by the local industry and Commerce Department. All the sewing machines suspected of violating the exclusive rights of "PEGASUS" registered trademarks have been confiscated.

However, due to the fact that his tort is quite secretive, the law enforcement process on that day is rather tortuous.

On the afternoon of that afternoon, the local industry and commerce department made routine checks on the sewing machine manufacturers owned by Yang in the area. The law enforcement vehicle just stopped, but saw Yang rushed into the factory building behind the back door. The law enforcement officers followed him in. But the factory door was closed and knocked for a long time before someone opened the door.

The law enforcement officers entered the workshop for inspection, and found that the light in the workshop was dim. There were more than 10 sewing machines that had been processed on the production line, but no one was seen. But the air pump inside the room occasionally issued a whistling noise.

According to experience, the law enforcement officer concluded that Yang had lied and went into the workshop to investigate carefully. He found more than 10 workers hiding in the corner of the factory.

But the sewing machine was inspected without any infringement.

Law enforcement officers continued to examine their sewing machines carefully, and finally found that their bodies had more than two labels on the fuselage. The law enforcement officers suddenly realized that "whether the label was placed on the infringing trademark to facilitate inspection in the process of production and pportation", immediately tore a "handle with care" label, but saw the "PEGASUS" trademark appearing. The trademark is owned by the "Pegasus sewing machine manufacturing company" in Japan, and has a high reputation in the sewing machine industry.

According to the reporter's understanding, Yang has drawn up a complete plan for evade the inspection of the business sector.

Including infringement

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Pattern three: cross infringement is impossible to guard against

The "infringement" dispute between Shanghai hut three sewing machine factory and Shanghai Hailing sewing machine manufacturing Co., Ltd. has been a hot topic in the industry. It is the most classic intellectual property lawsuit case in sewing machine industry.

"Hailing" brand sewing machine was originally the gold signboard of Shanghai Hui Gong sewing machine three factory.

But when the Huizhou three factory started to rush ahead, it suddenly discovered that "Huizhou" brand industrial sewing machine marked "Shanghai Hailing sewing machine manufacturing Co., Ltd." was found in Shanghai, Jiangsu, Anhui and Yunnan. The contents and manual contents of the promotional materials were almost identical with that of the three factories of Huizhou, which made many customers feel confused, and careless customers still thought they were products of the same company.

But in fact, this is the two brand of the two enterprises, but the two names of "Hui workers" and "Hailing" have reversed their position. The "worker" who was originally the factory name has become the brand name while the brand name "Hailing" has become the factory name.

The three factory of Hui worker complained to the administrative department for Industry and commerce, but no result. Therefore, the company used the trademark and font name of Hailing company to confuse and mislead consumers, and constituted a case of unfair competition and prosecuted the second intermediate people's Court of Shanghai.

Fortunately, the court finally decided that the plaintiff had won the lawsuit and found that the defendant's use of "Hai Ling" and "Hui Gong" trademark in his sewing machine products and product instructions and publicity materials constituted an unfair competition against the plaintiff's Hui factory. He judged the defendant to stop the unfair competition and apologized to the plaintiff for compensation for the plaintiff's economic losses of 400 thousand yuan and a fine of 200 thousand yuan.

This complicated cross infringement case was brought to an end.

Comment

"Small businesses copy big enterprises, big enterprises copy famous foreign companies, and the industry is copied."

A satirical description of the phenomenon of plagiarism and repeated infringement of intellectual property rights in the sewing machine industry has been made.

In recent years, brand enterprises have been counterfeited, and intellectual property rights have been infringed repeatedly.

Why is it so difficult to safeguard rights? Journalists have conducted a centralized investigation on this issue in a small area. There are several problems worth noting: first, the "moderation" mentality, such as the L brand, is rather "less important and less trivial".

In order to obtain strong evidence, every time rights protection enterprises spend a lot of manpower, material resources and financial resources to investigate and investigate secretly. However, the court's decisions are often delayed by intentional enterprises and are hard to materialize.

So when enterprises encounter infringement, most of them take a private way.

Due to the lack of enforcement efforts, the frenzied generation of counterfeiters was bred. When the wind broke, they changed their ranks and made a comeback.

Two, in the many competitions between infringement and rights protection, the fraudulent means of the infringer are becoming more and more brilliant. For example, Yang Yang of Zhejiang Taizhou has formulated a set of plans to deal with the law enforcement, even the law enforcement departments are almost deceived, not to mention the rights protection enterprises themselves.

Three, the sense of self protection of end-users is weak.

Rights protection behavior often dies in key user links. Users' uncoordinated or temporary changes in ideas have led to the complete failure of the whole operation, and even some users have named the dealers or manufacturers to provide fake products.

Four, due to the imperfect mechanism and system of intellectual property protection, enterprises have been hurt and not effectively solved in time.

For example, the cross - infringement case between Hui workers and hailing, the lawsuit was actually twists and turns.