China Independent Trademark Transfer Network News: On June 25, 2007, Huaibei Intermediate People's Court passed a verdict on the case of Anhui Kouzi Liquor Co., Ltd. v. a well-known liquor company in Hunan Province, confirming that the plaintiff Anhui Kouzi Liquor Co., Ltd. produced and sold Kouzi brand "Fu" wine without infringing the exclusive right to use the registered trademarkNo. 150922 of a well-known liquor company in Hunan Province. It is reported that this is the first case of requesting confirmation of non-infringement litigation accepted by the courts in our city, and such cases are rare in the country.
At the beginning of 2007, a well-known liquor enterprise in Hunan Province issued an "official letter" to Anhui Kouzi Liquor Co., Ltd., claiming that it enjoyed the exclusive right to register the trademark of liquor product "Fu" according to law (the trademark registration certificate number is 150922). Recently, in the market, it was found that the packaging and decoration of "Fu" wine produced and sold by Anhui Kouzi Liquor Co., Ltd. highlighted the use of "Fu" trademark. The above behavior of a well-known liquor company in Hunan caused Anhui Kouzijiao Liquor Co., Ltd. to worry about infringement and affected the marketing plan of Kouzijiao wine. Anhui Kouzi Liquor Co., Ltd. believed that its legitimate rights and interests were infringed, so it filed a lawsuit with Huaibei Intermediate People's Court, requesting an order to confirm that the plaintiff's use of Kouzifu did not infringe the defendant's exclusive right to use the "Fu" trademark.
Transcript of court trial: The following facts were found through trial: the registered date of the trademark Kouzi Liquor owned by the plaintiff was1979165438+1October 3 1, and the approved commodity was the 33rd liquor, and the plaintiff was the right holder of the registered trademark Kouzi Liquor. The trademark "Kouzi" has a high reputation, and the plaintiff used the well-known trademark "Kouzi" in the alcoholic products produced and sold by the plaintiff. Kouzi Liquor Company has won many honors.
The defendant has successively applied for registration. 150922 and No.3145322, both of which are trademarks with the word "fu", the main difference lies in the different fonts. In the lawsuit, the defendant failed to provide evidence to prove that he produced products with trademark numbers. 150922.
On June 5438+1October 18, 2007, the defendant issued an "official letter" to the plaintiff, claiming that he enjoyed the exclusive right to register the trademark of the word "Fu" for alcoholic commodities according to law (the trademark registration certificate number is 150922). Recently, it was found that the plaintiff used the word "Fu" prominently in the packaging and decoration of the mouth wine "Fu" produced and sold in the market.
Huaibei Intermediate People's Court held through trial that the trademark of Kouzijiao "Fu" liquor of the plaintiff was very well-known, and the defendant had no evidence to prove that its trademarks of "Graphic Plus Fu" and "Fu" were used in products and had a high reputation. The significance of the word "fu" in the registered trademark of the defendant is very weak, and the scope of its rights should be reasonably limited. The word "Fu" used by the plaintiff's Kouzijiao "Fu" wine is not used as a trademark, but as a kind and reasonable use of public cultural resources, which expresses the cultural connotation of "auspiciousness and celebration" and does not mislead the relevant public. Moreover, the word "fu" used by the plaintiff is not the same as the trademark of the defendant, nor is it similar to the trademark of "graphics plus fu", and it has not been attached. Therefore, it should be considered that the plaintiff's behavior does not infringe the defendant's exclusive right to use the registered trademarkNo. 150922 "Fu". Accordingly, Huaibei Intermediate People's Court ruled that the plaintiff's actions did not infringe the defendant's exclusive right to use a registered trademark. 150922, and made the above judgment according to law. After the verdict was pronounced, neither party appealed, and the verdict has taken legal effect.
Judge's comment: Zhu Shujian (President of the Second People's Court of the Intermediate People's Court, Master of Law): The action of requesting confirmation of non-infringement is a unique system in the field of intellectual property litigation. The plaintiff's request for confirmation of the cause of non-infringement litigation is mostly threatened by the defendant. The purpose of the plaintiff's prosecution is only to confirm that his behavior does not infringe the rights of others and that his behavior is not illegal, and he does not advocate that the defendant's behavior infringes and investigate his tort liability. The plaintiff claims that his behavior is not illegal, either because the defendant's rights do not exist or because his behavior does not belong to the scope of protection of the defendant's exclusive rights. If the defendant does not bring a lawsuit to the court for a long time, it is not clear whether there is infringement between the original defendant. The plaintiff's distributor may stop selling the plaintiff's products all the time, and the plaintiff may lose new cooperation opportunities, thus being at a disadvantage.
Under the background of economic globalization and knowledge economy, intellectual property rights are increasingly becoming an important means for all kinds of companies to compete for the market and seek greater profits. From the legal point of view, it is understandable that intellectual property rights holders can make full use of the exclusive rights granted by law, gain market competitive advantage through various channels and protect their intellectual property rights. However, some intellectual property rights holders go beyond the boundaries of the proper exercise of intellectual property rights, unreasonably suppress competitors in the name of exercising their rights, or expand the visibility and influence of enterprises through publicity and speculation through the exercise of so-called trademark rights and patents.
Anhui Kouzi Liquor Co., Ltd. is a well-known enterprise in China, and its trademark Kouzi is a well-known trademark in China, which was recognized as "China's time-honored brand" by the Ministry of Commerce. What is commendable is that the company did not ignore the threat because of its arrogance, but responded positively, taking the lead in applying the lawsuit requesting confirmation of non-infringement and safeguarding its legitimate rights and interests through judicial relief procedures. The practice of Anhui Kouzi Liquor Co., Ltd. will undoubtedly bring beneficial enlightenment to other enterprises.
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