The Owner Of A Trademark Has Been Infringed Without Permission From The Trademark Registrant.

　　 Shop Without the permission of the trademark registrant, the "YISHION" clothing is sold on the Internet without authorization, and is prosecuted by the registrant to the court. Recently, the second intermediate people's Court of Tianjin ordered the shop operators to stop selling the clothing that infringed the plaintiff's trademark, and to compensate the plaintiff for the economic losses and a reasonable expenditure of 12 thousand yuan.

Plaintiff Guo claimed in his complaint that he was the registrant of the trademark "YISHION" and "YISHion". Recently, the defendant, Huang, opened a YISHION shop on the Taobao website with relevant network names. Without the permission of the plaintiff, he sold the garments with "YISHION" and "YISHion" trademarks without authorization, and highlighted the use of "YISHION" spokesmen and other promotional pictures in the online shop, so that ordinary consumers mistakenly assumed that the shop was opened or authorized by the plaintiff and infringed the plaintiff's exclusive right to use the trademark. "YISHION" is a well-known trademark recognized by the State Administration for Industry and commerce. The defendant's behavior has caused great damage to the plaintiff's trademark reputation. The plaintiff entrusted agent Zhai Xiaojian said that China's trademark law stipulates that the use of the same trademark or similar trademark on the same commodity or similar commodity without the permission of the trademark registrant is a violation of the exclusive right to use the registered trademark, so the defendant's conduct infringes the exclusive right of the plaintiff. China's tort liability law stipulates that the way to undertake tort liability is to stop infringement and compensate for losses. Therefore, we request the court to order the defendant to immediately stop the infringing act of selling "YISHION" and "YISHion" trademark clothing without authorization on Taobao, and delete all "YISHION" promotional pictures, and compensate the plaintiff for economic losses of over 52 yuan.

Defendant Huang did not appear in court. participate in The written reply of the lawsuit is that although the plaintiff verified the name and identity card number of the registrant in line with the defendant, the defendant did not actually open the shop or sold the goods involved, so he did not agree with the plaintiff's claim.

During the trial, the judge went to Taobao Network Limited and Alipay (China) Network Technology Co., Ltd. and related banks, and confirmed that the real name of the members of the online shop was Hwang, Alipay account and bank binding account was also Hwang. The shop has more than 500 sales records of "YISHION" trademark clothing from 2012 to 2013.

With regard to the question of whether the defendant sells the "YISHION" trademark clothing whether it constitutes a tort, the court finds that the defendant still refuses to appear in court after serving a summons in accordance with the law, and should be regarded as giving up the right to plead against the plaintiff. Although the defendant stated after the court that he did not open a shop and did not sell clothing, the evidence of the shop registrant, the Alipay account, the name of the bank card and the transaction records proved that the defendant had opened the shop and sold the "YISHION" trademark clothing, and the defendant could not provide rebuttal evidence. cognizance 。

According to the existing evidence, it has been proved that the defendant opened an online shop and sold clothes that were suspected of infringing on the trademark of YISHION. However, the defendant did not make any plea nor did he submit evidence for the infringement of the clothing sold and whether he had a legitimate source. Therefore, the defendant's YISHION trademark clothing should be identified as infringing product. About the plaintiff's economic loss and reasonable expenditure of over 52 yuan, because the plaintiff did not provide sufficient evidence to confirm its losses and the defendant's profits, the court decided, according to the time and scale of the defendant's sale, that it should be 12 thousand yuan as appropriate.