(1) Does the behavior of Factory B constitute unfair competition? What is the legal basis?
(2) Is the behavior of Factory C illegal and why?
(3) Is Ding's behavior illegal and why?
2. Both China and Italy are members of the Paris Convention for the Protection of Industrial Property. On June 8, 2000, the scientific and technical personnel of Italian company A tackled key problems and completed a practical model of "energy-saving equipment". On June 30th, 2000, Company A submitted a patent application for utility model to the Italian government and obtained the patent. 200 1, 65438+6, filed a patent application with China patent office on August 6th. After investigation by the Patent Office, China Beijing Quanta Company filed a patent application with China Patent Office on May 5, 20001. Shanghai Trade Development Corporation independently completed the same utility model of "energy-saving equipment" in 1999, and began to organize production in early February 2000. It will be put into production at the end of 2000 12. 2001May 18, Shanghai Trade Development Company filed a patent application for utility model of "energy-saving equipment" with China Patent Office.
Q: Which company was awarded the patent right by China Patent Office? Why? After the patent is granted, if the other two companies continue to produce "energy-saving equipment", does it constitute infringement and why?
3. Enterprise A is a famous enterprise engaged in food production in a province, and its "Zhengyang" brand peanut oil enjoys a good reputation at home and abroad. "Zhengyang" is a trademark that an enterprise applied for registration with the State Trademark Office on 1999. 200 1, enterprise a found that the packaging and decoration of peanut oil produced by a certain enterprise were very similar. Although the trademarks are different, the words "Zhengyang Food" are clearly marked on the package. Through further investigation, Enterprise A learned that the peanut oil production enterprise is Zhengyang Food Factory, which was registered and established in the neighboring province in June 5438 +2000 10. Enterprise A believes that Zhengyang Food Factory's labeling of "Zhengyang Food" on its packaging is unfair competition, which infringes on its exclusive right to use trademarks and requires it to stop using the words "Zhengyang Food". However, Zhengyang Food Factory believes that "Zhengyang Food" is a self-owned brand name approved by the Provincial Administration for Industry and Commerce, and it is an act of marking the name of its own enterprise. It is not illegal and refuses to stop using it. Q:
(1) Does Enterprise A have the exclusive right to use Zhengyang trademark? Why?
(2) Does Zhengyang Food Factory have the naming right of Zhengyang? Why?
(3) Whether the behavior of Zhengyang Food Factory belongs to unfair competition, please explain the reasons.
4.1998101October 2 1 day, Xu bought a cabinet for home art exhibition from a furniture store 1200 yuan, and then put his treasure on it. 12 On February 26th, the cabinet suddenly broke down, causing four pieces of art to break, with a loss of more than 5,000 yuan. Xu demanded compensation from the furniture store, which argued that the furniture was sold by the furniture factory and should be compensated by the furniture factory. Xu found a furniture factory, which argued that the accident was caused by Xu's improper use, and the furniture store had been sold for more than two months, stipulating that the products should be "three guarantees" and should not be borne by himself. Q:
The furniture is defective. What kind of obligations and responsibilities did the furniture sales department violate?
(2) Who did Xu Can ask for compensation, and what were the reasons?