Chengdu And Zhejiang "Dragon Prince" Trademark Dispute &Nbsp; Zhejiang Taizi Long Group Won

In February 9th, Chengdu, which lasted for two years " smart genius The dispute over trademark rights between Zhejiang and Dragon Prince has changed. Taizi long holding group has also won a national trademark office, "Dragon Prince" registered trademark, the registration number is 7941328, the exclusive right of trademark is from February 7, 2011 to February 6, 2021, the international classification number is 25 categories (clothing), 2501 similar groups. This is the Eleventh National Registration of the Dragon Prince series obtained by Taizi long holding group. trademark It can also be legally used in clothing. Children's wear Strong proof of use.

It is reported that since 2009, the Taizi long holding group has been subjected to malicious litigation from the Dragon Prince of Chengdu. Taizi long holding group's "Dragon Prince" cartoon image and trademark exclusive rights have become a household name. Its male dress "Taizi long" was named "China famous trademark" by the State Trademark Office in the early years, while the "Dragon Prince" of Chengdu is an individual industrial and commercial clothing store. It only owns the trademark rights of "2502 kinds of baby clothing, swimsuit, shower cap, raincoat, gloves and other commodity categories". Two years ago, Taizi long holding group registered dozens of "Dragon Prince" trademarks on 25 categories of clothing and other groups. The group's long animated series "dragon and legend" and "Dragon Prince" were broadcast in CCTV, respectively, won the national "five one work nomination Award" and the "ten greatest industrial value Animation Awards" in 2009.

With the growth of Zhejiang's "Dragon Prince", Li Guanghui, the trademark owner of Chengdu's "Dragon Prince", went to Hangzhou several times. The prince's Dragon Group held a huge sum of money to buy his trademark because of the violation of his trademark right on the label of children's wear.

"Chengdu Dragon Prince is asking for a big price. Once he opens his mouth, he has 15 million! The clothes shop address on his trademark card is not a clothing store in production and operation, but a decoration material shop. "This is a typical malicious lawsuit," said Xu Yongji, chairman of Zhejiang Tai Zi Long culture communication company. "

Yu said, Deputy Secretary General of the Zhejiang Provincial Association for the protection of rights and interests, "so-called malicious litigation" refers to the litigant action that the parties bring a lawsuit with false facts and use the litigation to obtain their own unfair interests. The impact of malicious litigation on the judicial system and social stability is obvious, and it has great concealment. From the formal point of view, this kind of litigation is always consistent with all the requirements of the procedural law, and the qualification and factual reasons often have the requirements of the procedural law. In particular, the parties will fully prepare and pave the way for the future hearing of the case before the prosecution, so it is difficult to judge it as a malicious lawsuit in the early stage of the litigation. Even after the beginning of the case, the hearer of the case is easily confused by the careful planning of the malicious person. It can be said that how to see through and completely eliminate malicious litigation is a big problem for judicial workers. "

Pang Zhengzhong, director of the Intellectual Property Rights Committee of the all China Lawyers Association, said: "taizilon holding group owns the trademark of Dragon Prince, which is limited to clothing, including children's clothing. Chengdu Dragon Prince's trademark is limited to baby clothing. Chengdu Dragon Prince can not use the trademark on children's clothing, otherwise it violates the right of taizilon holding group. "

Taizi long holding group believes that the use of Prince Edward's character on children's clothing does not constitute trademark infringement on Chengdu's Prince of dragons, and requests the court to suspend the hearing of the case, so that the trademark registration and approval of the State Administration for Industry and Commerce will be final. At the same time, he issued a statement to the prince of Chengdu, demanding that Chengdu Dragon Prince immediately stop the infringement of its production and sale of "Dragon Prince" children's clothing.

After hearing the trial of the people's Court of Binjiang District, Hangzhou, the people's Court of the people's Republic of China held that the application of the trademark registration notice of the National Trademark Office submitted by the Taizi long holding group to the court, the notice of partial disqualification of the trademark and the notice of preliminary examination can confirm that the Taizi long holding group applied for registration of the trademark "Dragon Prince" on the 25 categories of commodities two years ago. Whether the trademark is registered will affect the hearing of the case. Therefore, the case was suspended in May 10, 2010 according to the provisions of sixth articles of 136 articles of the PRC Civil Procedure Law. After that, the court made a first instance decision, but both the plaintiff and the defendant refused to accept the appeal to the Hangzhou intermediate people's court.

Cai Dongdong, President of Taizi long holding group, said: "since 2006, we have invested tens of millions of yuan to jointly produce large animated cartoon series with the Propaganda Department, creating the mascot Dragon Prince. Now it is a movie star. We provide excellent ethnic culture food for minors, and implement the brand innovation strategy initiating, and have achieved breakthrough results. "

According to Cai Dongdong, under the guidance of "differentiation and competition strategy of industrial upgrading and transformation", Taizi long relies on the original "dragon culture" to actively develop cartoon culture. While training cartoon stars "Dragon Prince", it actively promotes the popularity and reputation of its related brands. With the deepening of propaganda, a series of cartoon stars, such as "Dragon Prince", "dragon Bei Bei" and "dragon boy", have been deeply loved by children all over the country.

"Taizi long holding group will combine the Dragon Prince's cartoon character, Pinyin LONGTAIZI and text Dragon Prince, and use it on children's clothing. It is the legitimate and reasonable use of the prior copyright of copyright, and it is the merchandising right to exercise copyright role. Moreover, Taizi long owns hundreds of registered trademarks of Taizi long, Dragon Prince and long Bei Bei and so on, and does not infringe on the exclusive right of Chengdu Dragon Prince's trademark. "Zhejiang Tongji law firm Qian Miao lawyer said.

The purpose of a registered trademark or assignee trademark is not to use trademarks in commercial activities, but to hoard trademarks and wait for others to infringing them, expecting high compensation. Is the protection of such a registered trademark not actually used? How can the court normally handle such a situation?

On 05 2010, 14, Zhou Gencai, President of the Zhejiang provincial high court, told an interview with news media such as Zhejiang online that "the opportunistic phenomenon in the trademark field is more serious. Many people register a number of trademarks or assigneable trademarks. The purpose is not to distinguish them from the source of goods and services, but to wait for others to infringing them. As long as people use the trademark, he will sue and take it as a claim tool. This is a kind of abuse of intellectual property rights, which is of course not consistent with the original intention of the trademark law. "

Xu Yongji said that the use of "Prince of dragons" in children's clothing can not have the intention of misleading the public, intending to confuse with the products of Chengdu's Prince long, and to gain profits by clinging to his registered trademarks. Nor can it produce any objective consequence of misleading the public. From the comparison of popularity, Zhejiang Dragon Prince's children's clothing is much higher than Chengdu Dragon Prince in terms of popularity, sales channels and sales ability. There is absolutely no need to win the unfair interests of Chengdu Dragon Prince's trademark with very low popularity. In the specific way of use, the trademark label is "LONGTAIZI" or "Dragon Prince" pattern combination "LONGTAIZI" on each child's clothing. The two trademarks have been applied for registration and have been officially accepted by the State Trademark Office, and now they have been registered successfully.

It is reported that along with the promotion of the reputation and reputation of some enterprises, a lot of bad behavior of "brand name" and "free riding" emerge one after another. Many famous trademarks are frequently disturbed by all kinds of similar brands or trademarks. This situation has saddened the enterprises that have made great efforts to create brands, resulting in confusion in the market order.

Some legal experts point out that Zhejiang is a big economic province, and private enterprises are developed. When enterprises are avoiding their own trademarks or copyrights from being harassed by others, in addition to making their trademark work faultless, it is very important to show their firm stance in the face of such problems, that is, to crack down on such malicious lawsuits. This is not only conducive to the solution of immediate problems, but also to the potential hitchhiker.