“Good wife’s shop
“The real wife’s shop
has been endorsed by Lin Xinru’s “Good wife drying rack advertising has been well known to consumers, at the end of last year, Guangdong Haotai Technology Group Co., Ltd. (hereinafter referred to as “Good Mrs. Company”), the manufacturer and manufacturer of the drying rack, sued Dongguan Zhenxiangjia Intelligent Technology Co., Ltd. (hereinafter referred to as “Zhengxiangjia”), saying that the latter counterfeited “Good wife drying racks of goods packaging, decoration, but also across the country to open a number of counterfeiting “good wife self-operated store decoration shop, a large number of counterfeit “good wife” “true wife drying rack. The good wife company asked Zhenxiang Company to stop the infringement and compensate the economic loss of 5 million yuan, and publicly apologize in the media.
A few days ago, the Third People’s Court of Dongguan made a first-instance judgment on the above case. The company was sentenced to stop the infringement and compensated the wife for a total of 800,000 yuan in economic losses including reasonable rights protection. Both parties subsequently appealed, and the case is currently undergoing second instance in the Dongguan Intermediate People’s Court.
& ldquo;Good wife sued “ Real wife claims 5 million yuan
Last November, the good wife company went to the Third People’s Court of Dongguan to sue the true home company, calling it Since 1999, the company has been researching, developing, producing and selling “good wife brand drying racks, and has completely remodeled the brand image from 2013 to determine the product identification system with purple and yellow as the main color. Use “Hotata good wife” Brand image identification, while designing the packaging, decoration of the clothes rack and the shop decoration of the self-operated store.
In 2016, the good wife company found that the real homesick company did not permit counterfeiting “ good wife drying racks of goods packaging, decoration, and opened a number of counterfeit plaintiff self-operated store decoration stores across the country , a large number of counterfeit drying racks.
The good wife company said that the packaging and decoration of the drying racks manufactured and sold by the company are very similar to the colors, fonts, layouts, etc., and even the drying racks are very similar. The brochures and models are also imitated. The decoration of the door, the decoration of the store and the display of the store in Xiamen, which is authorized by the company, are similar to the decoration of the self-operated store of the wife.
The good wife company believes that the company is a self-cultivation company, knowing that “good wife drying racks are well-known products of the wife company, and still make the above counterfeit packaging and authorized shop opening behavior, obviously Deliberately misleading consumers, causing confusion with the well-known goods of the good wife. The unfair competition behavior of the true home company disrupted the normal market order, affected the sales volume and profit of the good wife’s products, and caused great damage to the company’s goodwill.
The good wife company requested the court to order the true home company to immediately stop its unfair competition, destroy the goods packaging, brochures and other materials, eliminating the existing store door, facade, interior decoration style, and In the designated media, publicly apologize to the good wife company, eliminate the impact, and ask the true home company to compensate for the economic loss of 5 million yuan and bear the expenses of the wife company to pay for the rights of 80,000 yuan.
“It’s too many shareholders who used to be “good wife dealers”
During the trial, the good wife company said that the owner of the company, Luo Mou, worked for the good wife company. Most other shareholders have also been dealers of good wife’s drying rack products. The good wife company believes that it is precisely because of the huge sales prospects of the well-known products of the good wife company, that several dealers have established the real thinker company with the market interests of well-known commodities, and used the improper means to manufacture and sell the well-known wife of the counterfeit company. Commodity, the subjective malice of infringement is very obvious, and the market interests of the good wife company are seriously damaged.
The true home company argues that “the packaging and decoration of the good lady drying racks are not unique to the packaging and decoration of well-known products. The behavior of the true home company does not constitute unfair competition and infringement.
The court of first instance held that “the real wife deliberately “free rides”
The third instance of the Dongguan Third People’s Court held that, according to relevant laws and regulations, the operators were not allowed to use the names unique to well-known commodities. , packaging, decoration, or the use of names, packaging, and decoration similar to well-known goods, causing confusion with other people’s well-known goods, causing buyers to misunderstand, thereby damaging competitors.
The court found that the true home company could not prove that the packaging and decoration of the wife’s clothes dryer was designed or used independently. The above building materials store could not prove that the shop decoration was designed independently or Prior to use, the legal representative and majority shareholder of the company, the building materials store were once the dealers of the good wife company, and the production and sales of the “wife of the wife is the same with the “good wife drying rack” The highly similar overall packaging and decoration just shows that the popularity of the wife’s drying rack and the decoration of its packaging, decoration and specialty store have the function of identifying the source of the goods, reflecting the subjective intention of the true-thinking company “free rider”.
The first trial of the court found that the true home company constituted unfair competition, and should bear the legal responsibility of stopping the infringement and compensating for the loss, and the verdict immediately stopped using the &ldq.Uo; good wife drying racks similar to the unfair competition of goods packaging, decoration, destruction of goods packaging, brochures and other information. The verdict company, Xiamen City, a building materials store immediately stopped using the unfair competition behavior of the shop decoration similar to the good wife of the self-operated specialty store, and immediately eliminated the existing infringement decoration style.
The court of first instance held that because the good wife company did not provide sufficient evidence to prove its losses due to the infringement of the case or the interests of the true home company due to the infringement, according to the relevant laws, the court comprehensively considered A variety of factors, as appropriate, to determine the true homesick company to compensate for the economic loss of the wife company including reasonable rights protection costs of 800,000 yuan.
Regarding the request of the good wife company to ask the company to publicly apologize and eliminate the influence in the media, the court of first instance held that the apology is a civil liability for infringement of personal rights, and the good wife company failed to prove Because of the infringement of the true homesick company, the personal interests of the company were damaged, so the claim for apology was not supported.
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