Prada, The Top Brand, Was Awarded 140 Thousand In Wenzhou.
< p > in order to promote the development of a real estate project and improve the visibility of its products, a real estate development company in Wenzhou, Zhejiang, has constantly introduced new ways in marketing means. It advertised in a local newspaper and announced that it would work with the world's top brands, namely a href= "http:// sjfzxm.com/news/index_f.asp" > Prada < /a > to hold a luxury show and product description.
He did not want to involve himself in an intellectual property dispute. Prada filed a complaint to the Wenzhou intermediate people's court.
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< p > Prada as a world-famous luxury company, its products cover < a target= "_blank" href= "http://www.91se91.com/" > clothing "/a", bags, glasses, jewelry, a target= "_blank" href= "href=", "shoes" and so on.
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< p > December 1, 2011, in order to promote the development of real estate projects, the Cangnan Development Department of a real estate development Co., Ltd. of Wenzhou, without the permission of Prada, commissioned the planning agency to publish the advertisement in the local newspaper that the product of the company opened on the same day with the Prada international luxury show and strong alliance. Prada logo was used in the advertisement.
For this reason, Prada complained to the Wenzhou intermediate people's Court on the grounds of infringing its trademark right and forming unfair competition, and demanded to stop infringement, eliminate the influence and compensate for economic losses of RMB 50 yuan.
In the end, the court decided that the behavior of the company was infringed on the trademark rights of Prada. A newspaper company should review the legality of the case and did not examine it. It provided a convenient condition for the company to implement the infringement act and should be jointly and severally liable.
So the two defendants issued a statement in the newspaper to eliminate the infringement and compensate Prada for its economic loss of 140 thousand yuan.
After the judgment, the parties concerned took the interest judgment and fulfilled the decision content automatically.
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< p > related links: < /p >
< p > trademark right is the abbreviation of exclusive right to trademark, which means that the trademark authority shall grant the trademark owner the exclusive right to protect the registered trademark from the state law.
The trademark registrant shall, in accordance with the law, domination of his registered trademark and prohibit others from infringing upon others, including the trademark registrant's exclusive right to use his registered trademark, the right to make profits, the right to dispose of it, the right of renewal, and the right to prohibit others from infringing upon others.
A trademark is a commercial mark used to distinguish the different sources of goods and services. It consists of words, figures, letters, numbers, three dimensional signs, combinations of colors, or combinations of the above elements.
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< p > main characteristics: < /p >
< p > (1) exclusiveness < /p >
< p > the exclusive nature of trademark right is also called monopoly or monopoly. It means that the registered trademark owner has exclusive right to use his registered trademark, and no other unit or individual is permitted to use the registered trademark without the permission of the registered trademark owner.
< /p >
< p > (2) time < /p >.
< p > the time character of trademark right, also known as statutory time, means that the trademark right is a right with a deadline, and it is protected by law only within the effective period. If the validity period is exceeded, the trademark right will be terminated and no longer protected by law.
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< p > (3) regionalism < /p >
< p > trademark right has strict territoriality, which is determined by the nature of trademark law.
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< p > (4) pferability < /p >
"P >" as a kind of property right, the trademark registrant can carry out the pfer of property rights or use the license according to certain conditions.
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