UCDOS v. UC browser for infringement 20 12, and UCDOS v. UC browser for infringement lost. Why did the court think that UC browser did not infringe the exclusive right of UC trademark enjoyed by UCDOS? What are the acts of infringing the exclusive right to use a registered trademark?
Brief introduction of the case:
Zhongke hope company in 1997 class 42? Computer programming and related services? Registered on the website? UC？ Trademark, and then what? UCDOS？ Used in series software development packages and software sales contracts with others? UC？ Trademark. Does Youshi enjoy 9 categories? Recorded computer programs, computer programs (downloadable software)? What about Class 38? Television broadcasting, providing global computer network user access service (service provider), providing database access service? Equal scope of enjoyment? UC？ Exclusive right to use a trademark.
Zhongke hopes that the company thinks it is provided by the company? UC browser? Such as website products and user mobile terminals? UC browser? Software upgrade services, software backup and recovery services, and software consulting services provided by UC Customer Center, including value-added services such as U-Point, UC Skin and mobile phone reading? UC？ Word, infringing on its exclusive right to use UC trademark.
The court ruled that:
After trial, the court held that Zhongke hoped that the company and Youshi would enjoy the exclusive right to use their respective categories of UC trademarks. Zhongke hopes that the excellent company proposed by the company is right? UC？ The use of words or will? UC？ With what? Browser? Is the use of both Chinese and English a descriptive use of one's own business or products, a non-trademark use, or just a use? u？ , what else? UC？ It doesn't matter, or there is no evidence to explain how to use it? UC？ Logo Moreover, Zhongke hopes that the services provided by the company and the company are not only different in service purpose, content, method and object, but also the services provided by the relevant public will not be related and confused. Accordingly, the court rejected all the claims of Zhongke Hope Company.
Lawyer analysis:
The legal basis for the court's decision that Zhongke Hope Company lost the case is mainly:
1. Article 52 of the Trademark Law commits any of the following acts, which are all violations of the exclusive right to use a registered trademark:
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;
(2) selling goods that infringe upon the exclusive right to use a registered trademark;
(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(5) causing other damage to the exclusive right to use a registered trademark of others.
2. Article 3 of the Detailed Rules for the Implementation of the Trademark Law of People's Republic of China (PRC) stipulates? The use of trademarks includes the use of trademarks in commodities, commodity packages or containers, and commodity trading documents, or in commercial activities such as advertisements and exhibitions? .
Baidu Online sued Baidu for trademark infringement barbecue. Are Shenzhen people familiar with it? Baidu barbecue? What is the relationship with Baidu Online, a well-known IT company? This question, which aroused many people's curiosity, finally made Baidu Online unbearable. Baidu Online Network Technology (Beijing) Co., Ltd. (hereinafter referred to as? Baidu Online? ) claims: In recent years, Baidu Online Company found that many cities in China have opened some websites called? Baidu? Barbecue shop. After investigation, it is found that these barbecue shops belong to Shenzhen Yibaidu Catering Management Co., Ltd. (hereinafter referred to as? A billion Baidu? ) is its franchise store. And Baidu and its franchisees have used inclusion? Baidu? The font size of characters is also used in the decoration of signboards, menus and business premises? Baidu barbecue? There is also a prominent use of the text sign? Baidu? The act of recognizing words.
Baidu Online believes that the behavior of Shenzhen Yibaidu Company misled the public and infringed on its exclusive right to use a registered trademark. It brought Shenzhen Yibaidu Company and its legal representative Sun, Shenzhen famous Baidu barbecue restaurant and its investor Song to court, demanding that the four defendants immediately stop infringing trademark rights, make a statement in the media to eliminate the influence, and compensate Baidu Online Company for its economic loss of 1 104240 yuan.
The lawyer of Baidu BBQ believes that the Baidu trademark registered by Shenzhen Baidu Company is the 43rd category, which belongs to the catering industry. This is not a category with the No.42 Baidu trademark registered by Baidu Online Company, so it does not constitute trademark infringement. And five or six years ago, Baidu barbecue was promoted to 5000 yuan on Baidu Online. At that time, Baidu Online Company knew about the existence of Baidu barbecue, but did not raise any objection to the trademark right in time. It is now beyond the statute of limitations.
Does not belong to the same category count as infringement?
According to the regulations, one of the following acts constitutes trademark infringement:
(a) without the permission of the trademark registrant, using the same or similar trademark on the same kind of goods or similar goods may cause confusion;
(2) selling goods that infringe the registered trademark right;
(3) Forging or making without authorization a trademark logo identical or similar to the registered trademark logo of others, or selling a trademark logo identical or similar to the registered trademark logo of others that is forged or made without authorization;
(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(5) It is misleading to use marks identical with or similar to other people's registered trademarks as commodity names or commodity decorations on identical or similar commodities;
(6) Deliberately providing convenient conditions such as storage, transportation, mailing, concealment, processing, production tools, production technology or business premises for infringing upon the trademark rights of others;
(seven) using the same or similar words as the registered trademark of others as the name of the enterprise on the same or similar goods, or using them in other ways, highlighting its identification function, which is easy to mislead the relevant public;
(8) Copying, imitating or translating a well-known trademark registered by others or its main part as a trademark on different or dissimilar goods, misleading the public and possibly harming the interests of the registrant of the well-known trademark;
(9) It is easy to mislead the relevant public by registering words identical with or similar to other people's registered trademarks as domain names and conducting e-commerce of related commodities promotion or commodity trading through the domain names.
(10) causing other damage to the exclusive right to use a registered trademark of others.
In other words, using the same or similar trademarks as others in different categories is generally not infringement. However, if the other party's trademark is a well-known trademark, even if the same or similar trademark is used in other categories, it is also a trademark infringement as long as it is easy to mislead the relevant public.
The above are the trademark infringement incidents provided by Bian Xiao. I hope everyone will like it!