the day before, Gansu City Intermediate People’s court heard the mighty mighty city first use of Internet infringement of trademark infringement.
defendant Liangzhou District Shuangcheng Town Village farmers Qin (a pseudonym), through self-study to master the computer operation and network technology. In 2006, without permission, authorization, unauthorized use Qinmou Xiamen black eyes apparel limited "black eye" trademark and Jiangsu Golden Fox clothing Limited company "Golden Fox" trademark, registered on the Internet "black eyes sports.Com" and the "golden silk fox Home Furnishing products.Com two website, network marketing activities. Soon, the two companies in the name of "serious violations of the right to use the" trademark, Qinmou court, asked Qinmou immediately stop of its registered trademark infringement, the cancellation of its registered in the website on the Internet domain name and corresponding compensation for economic loss.
after the court hearing that the two companies have a significant brand recognition, brand has a good reputation in the market, and the mark has been widely known to the relevant public, in fact has become a well-known trademark, with well-known trademark. The defendant Qinmou plaintiff without permission, for commercial purposes on the Internet the well-known trademark as domain name cybersquatting, "name and online sales of the product logo, to attract customers, their behavior is a copy of the well-known trademark of the plaintiff, enough to seriously misleading to the consumers, constitute the plaintiff trademark infringement. Serious damage to the legitimate interests of the plaintiff, in violation of the principle of good faith, to the plaintiff, the well-known trademark has damaged its behavior constitutes infringement, should bear the corresponding legal responsibility. Therefore, the court ruled that the defendant immediately to stop the use and cancellation of the Qin Dynasty on the Internet to register the domain name infringement, compensation for the plaintiff’s economic losses 4000 yuan. (commissioning editor admin01)