New Bai Lun Company Has Not Announced Whether To Appeal.

The defendant took the "new hundred Lun" as trademark logo, which misled consumers and operators.

It is understood that the plaintiff Zhou Moulun is a Guangzhou native, and is also the exclusive right holder of the registered trademark of "Bai Lun" and "new hundred Lun". Among them, the "Bai Lun" registered trademark was approved for use in twenty-fifth categories of "clothing, shoes, hats, socks" and other commodities. It was registered in August 21, 1996, and the trademark was approved to be transferred to Zhou Moulun in 2004 4. The registered trademark of "new hundred Lun" is also approved for use in twenty-fifth categories of commodities. Zhou Moulun was allowed to register the trademark in January 2008. At the same time, Zhou Moulun also set up an enterprise to produce men's shoes products with "balun" and "new balun" as trademarks and sales counters in large shopping malls.

The Plaintiff alleged that the defendant, Xin Bai Lun Trading (China) Co., Ltd. (Shanghai Road, Changning District Road, Changning), used the "new hundred Lun" as trademark logo in the sales process, and marked the product with the "new New Balance" in the shop. "Thank you for buying the new product" in the shopping ticket issued by the store, which led to a large number of consumers and operators mistakenly thinking that the "new hundred Lun" trademark is the Chinese trademark of the defendant's new product. According to the plaintiff, the defendant's actions cut off the plaintiff and the "new hundred Lun" as the trademark owner. Registered trademark The specific relationship between the plaintiff and the plaintiff suppressed the plaintiff's establishment and expansion of the value of "Bai Lun" and "Xin Bai Lun", and constituted trademark infringement.

According to the plaintiff's statistics, from July 2011 to the time of prosecution, the total amount of new products sold by the company was over 1 billion yuan, and the benefits were immense. The plaintiff sued the defendant, the new defendant, to stop the infringement and eliminate the influence immediately, and to compensate for the loss of 98 million yuan and the reasonable cost of protecting the rights.

Defendant Xin Bai Lun replied that the "new hundred Lun" was used as the Chinese name of the "NEW BALANCE" commodity instead of using the "new hundred Lun" as an enterprise brand to be used prominently in commodities. It also claims that the sale of goods by "new hundred Lun" is much earlier than the time when the plaintiff uses the "new brun" trademark to sell the goods, and its use does not cause any confusion to consumers or the relevant public, and does not constitute infringement.

The Guangzhou intermediate people's court held that the plaintiff's "hundred Lun" trademark had been registered in 1996, and it can be easily found through open channels. Moreover, in December 2007, the defendant's associated company (new balance company) asked the Trademark Office to dismiss the plaintiff's application for the registration of the "new hundred Lun" trademark, but it was not accepted. This shows the defendant. New balance The company is aware of the registration of trademarks of "Bai Lun" and "new hundred Lun", but it still chooses to use the "new hundred Lun" to identify and publicize its products.

　　 Guangzhou intermediate people's court The trial held that after knowing the plaintiff's "new hundred Lun" trademark registration, the defendant continued to use the "new blun" logo extensively in sales and publicity, so the defendant's use of the word "new hundred Lun" could not be used in good faith. The defendant's opinion that the "new hundred Lun" enjoyed prior rights could not be established.

The defendant also advocated that "new hundred Lun" is the translation of its product name "NEW BALANCE", but the Chinese translation of "NEW BALANCE" is "new balance". Moreover, the defendant's new company called "New Balance Athletic Shoe, Inc." is called "new balance sports shoes company", also known as the "new balance" before its product. Therefore, the defendant's new "hundred Lun" is the reason why its new product name "NEW BALANCE" is translated, and its opinion that it does not infringe the registered trademark of the plaintiff "Bai Lun" and "Xin Bai Lun" can not be established.

The Guangzhou intermediate people's court believes that the products of the defendant's sports shoes are similar to those of the plaintiff's "shoes". The defendant did not use the name of his company unfairly, and did not take the initiative to avoid using the same or similar logo with others' registered trademarks to avoid the confusion, misidentification and market disorder of the relevant public. His use of the word "new hundred Lun" constituted infringement on the plaintiff's trademark "Bai Lun" and "Xin Bai Lun", and its defense opinions on reasonable use and prior use were insufficient. Judging from the financial evidence of the defendants held by the court, the defendant made a profit of about 195 million 800 thousand yuan during the infringement period, and from the way and scope of its use of "new hundred Lun" logo, the defendant made huge profits through his tort, and he should bear the corresponding tort liability.

The first instance verdict of the Guangzhou intermediate people's Court: defendant new hundred Lun Trading (China) Co., Ltd. immediately stopped the act of "new hundred Lun" used to identify and publicize its commodities, and compensated the plaintiff for RMB 98 million yuan; in the front page of the new official website of "new hundred Lun (China)" and its front page of "New Balance flagship store" and "NewBalance children's flagship store" opened in "Tmall mall", the announcement was made to eliminate the influence.