Our reporter Wei Zhezhe
“People’s Daily” (April 25, 2024, 11th edition)
“Through cross -regional litigation, the court fully supported the company’s compensation request, effectively cracking down on criminal imitation of infringement, and protecting corporate intellectual property rights in accordance with the law.” Not long ago, Xinjiang Wusu Beer Co., Ltd. (hereinafter referred to as “Xinjiang Wusu, Xinjiang WusuCompany “) issued a thank -you letter to the Supreme People’s Court. The letter stated that the trademark infringement and unfair competition disputes that Xinjiang Wusu Company sued the company was tried by the Nanjing Intermediate People’s Court and the Jiangsu Provincial Higher People’s Court.And fully support the plaintiff’s request for compensation for 2.08 million yuan.
Xinjiang Wusu Company has registered a number of trademarks such as “Wusu” and “Wusu Beer WUSU” since 2006.Since 2016, the company has been using a red cans of Wusu Beer 500 ml of packaging and decoration. Red can Wusu Beer has a high reputation in the national beer market.After long -term continuous use and publicity, Wusu Beer has a high influence in the domestic beer industry and has been identified as a famous brand product in Xinjiang and a well -known trademark in Xinjiang.However, with the improvement of Usuu Beer products, some companies produce and sell infringing products that imitate Wusu beer through “taking a car” and “bearing brand”, which has caused misunderstanding and confusion of the public, which seriously damages Xinjiang Usuu Company.Interest and legitimate rights and interests.
“In 2020, Nanjing Bird Su Beer Company used ‘Bird Su” as a corporate name. The market appeared on the market that “Bird Su” beer that was close to the “red cans Wusu Beer’.Tao said that in order to protect the rights and interests of the enterprise, Xinjiang Wusu Company sued the Nanjing Intermediate Court.
“The logo used by the” Bird Su “beer compared with the registered trademark involved in the case, the two are extremely similar, constituting trademark infringement. At the same time, Nanjing Bird Su Beer Company and three other companies jointly implement infringement and should bear joint responsibility.” NanjingAccording to Lu Shan, the judge of the Intermediate People’s Court, the packaging and decoration of the “Bird Su” beer is different from that of the red cans involved in the case involved in the case.”Usu” has a high reputation and influence.Both parties belong to competitors in the industry. Nanjing Bird Su Beer Company still uses a highly similar “Bird Su” as a corporate name without knowing it. The subjective intention of “take a car” is obvious.Basic principles constitute unfair competition.
“In recent years, some illegal enterprises will have a certain influence of well -known enterprises to have a certain impact trademark, font size, and other commercial logos such as malicious registration and use, which will cause market confusion and infringe on the legitimate rights and interests of enterprises and consumers.”According to the introduction, the people’s court adheres to the judicial concept of strict protection, and strictly cracks down on the infringement of the malicious registration, climbing, and confusing the market.
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