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Violation of ningbo "oulin" firm was sentenced to two companies for compensation by wqecv thbtn





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Violation of ningbo "oulin" firm was sentenced to two companies for compensation by
Article Posted: 07/02/2011
Article Views: 56
Articles Written: 1385
Word Count: 561
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Violation of ningbo "oulin" firm was sentenced to two companies for compensation


 
Business,Business News,Business Opportunities
Shanghai Zhejiang Ningbooulin companies

Co., trademark "Oulin" as a corporate name, and highlight the use of similar goods, which constitute infringement. Today

(February 14, 2006), the Shanghai No. 1 Intermediate People's trademark infringement and unfair since this

Case of first instance verdict, the defendant Haiou Lin Electric Co., Ltd. was sentenced on Haiou Lin kitchenware Name Change and compensation Ningbooulin a 30 million, and advertised to eliminate impact statement.

1995 Ningbooulin founded the company specializes in kitchen

And so on. The company has its registered goods or services with the "Ou Lin, OULIN" related to the 35 mark, and the Ningbooulin exclusive transferee industrial company "Oulin" relevant trade mark 2. After several years of operation, registration and other goods in the kitchen of "Oulin" trademark is recognized as Zhejiang famous brand, "Oulin kitchen utensils" of firms are identified as well-known firm in Zhejiang Province.

Successively in 2003, 2004, established the Hai Oulin Electric Company, the Hai Oulin kitchenware company, operating range of home appliances,

AC electricity. The two companies set up in the same address, its legal representative and general manager are one. Both in its production,

And other products are using the "OSLin" trademarks, and "the Haiou Lin Electric Co.," on which "the Haiou Lin" have a larger font. In promoting their businesses and products, the companies themselves referred to as "the Haiou Lin" or "on Haiou Lin Electric, the Hai Oulin kitchen" or "on Haiou Lin Company."

End, Ningbooulin kitchenware company Shanghai, Oulin company to court, asking the court to confirm its trademark for the transferee to use two well-known trademarks, decree on Haiou Lin to stop infringement and unfair competition, compensation for economic losses 400,000 yuan so. Hai Oulin the defense denies the infringement, and that the plaintiff used two brands well-known trademark does not meet the identification standards.

Court after hearing that "Oulin" text is the company's family of trademarks in the kitchen Ningbooulin a significant part of the role played identify their products. Shanghai, Oulin company will "Oulin" text as the enterprise name in the same or similar goods on the prominent use, enough to make the public mistakenly believe that a Ningbooulin related or have some connection with its behavior has constituted Ningbooulin Kitchenware Company trademarks owned or used on the Ningbooulin infringement and unfair competition in the company kitchen.

Court also held that view from the available evidence, whether consumers "Oulin" trademark known, the duration of use of trademarks or trademarks of publicity time, extent and geographical scope, were not identified Ningbo Ou Lin kitchenware company in acquiring well-known trademarks for the two trademarks. However, the company can be found used in the kitchen sink on the product, "Oulin" trademark is a certain well-known trademark, the company has a well-known enterprises.

Accordingly, the court decision Shanghai company to stop infringement Ningbooulin two Oulin kitchen company enjoyed "Oulin" Registered trademark, and unfair competition of the enterprises; common compensation Ningbooulin economic loss of RMB kitchen company 300,000 yuan; in the "New People's Daily" published a statement in order to eliminate violations to the adverse impact of the company in Ningbo.

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