Unauthorized Online Sale Of "YISHION" Trademark Clothing

Under the unauthorized circumstances, Taobao seller Huang has opened YISHION online clothing purchasing shop on Taobao network, thus being taken to court by "YISHION" trademark owner Guo Mou on the grounds of infringement. Recently, the second intermediate people's Court of the city made a first instance judgment on the case, ordered the seller to stop selling the infringing clothing and compensate the plaintiff for 12 thousand yuan. It is reported that this is the first case of Taobao trademark infringement.

The court found that the plaintiff Guo was the registrant of the trademark "YISHION" and "YISHion". In 2013, Guo found that Huang did not authorize permission to open the "YISHION" online shopping shop on Taobao online with the net name of "Geoff Hardy 521", and sold all kinds of costumes with "YISHION" and "YISHion" trademarks. In May 24th of the same year, Kuo commissioned the notary office to carry out evidence preservation. At the same time, it made a complaint and inquiry to the "Taobao IP protection platform". From the Taobao website, she learned that Huang's real name and ID card number and other personal information, and then filed a lawsuit against Huang. Guo suggested that "YISHION" is a well-known trademark. The defendant Huang's behavior violated his trademark exclusive right, which caused great harm to his trademark reputation. He demanded that Huang immediately stop the infringement and compensate for the economic losses.

The court held that the plaintiff asserted that the defendant had infringed the exclusive right of his trademark and provided the defendant with the basic evidence of selling YISHION trademark clothing without authorization or permission from the trademark owner. The defendant still refuses to appear in court after serving a summons in accordance with the law, and shall be regarded as giving up the right of defense against the plaintiff's claim. Although the defendant stated in court that he did not set up shop or unsold clothing, the court conducted a large number of investigations through Taobao, Alipay and banks, and ultimately determined that the Alipay account used by defendant Huang and the bank card account names that were tied to the Alipay account were "Hwang" and confirmed that the shop's member name was "Geoff Hardy 521". The online shop had more than 500 sales records of "YISHION" trademark clothing from 2012 to 2013. Accordingly, the court found the fact that the defendant opened the shop and sold the "YISHION" trademark clothing.

The defendant did not make a defense or a proof of whether the clothing sold was authorized or whether he had a legitimate source. Therefore, the defendant's YISHION trademark clothing should be identified as infringing product. With regard to the economic losses and reasonable expenses claimed by the plaintiff, the court, according to the time and scale of the defendant's sale, shall be deemed to be 12 thousand yuan as appropriate. In summary, the court ruled that the defendant Huang stopped selling his trademark "YISHION" and "YISHion". clothing Compensation for plaintiff's economic losses and reasonable expenses amounted to 12 thousand yuan.

first instance Sentencing After that, both sides said they did not appeal.

　　 Judge's statement

China's " Trademark law "Article fifty-seventh provides that, without the permission of the trademark registrant, the use of a trademark identical to its registered trademark on the same commodity or without the permission of the trademark registrant will easily lead to confusion on the same commodity with the trademark similar to its registered trademark and the trademark that is similar or similar to its trademark on the similar commodity, which is a violation of the exclusive right to use the registered trademark.