This is the first case that the court actively explores the application of prior well-known commodity-specific decoration rights (decorations with certain influence) and trademark rights.
This article mainly introduces and discusses the specific types of cases that can be postponed in trademark administrative cases and the circumstances of the application of postponement. In the above-mentioned procedures and other procedures, there are also some other causes for postponement, such as requesting for the postponement of examination of review cases of refusal based on a consent.
The analysis of this paper shows that there are two main factors that affect the ownership of trademark rights of informal appellation: one is whether the holder of formal trademark has subjective intention and objective behavior to use informal appellation, and the other is whether the use of informal appellation by others will lead to confusion and misunderstanding or damage the legitimate rights and interests of the holder of formal trademark.
The special feature of this case is that the trademark was still legally in existence when the accused trademark was used by Nanchangxin Company, but was later cancelled (invalid).
The distribution and protection of overseas intellectual property is highly specialized and systematic. Some domestic companies do not lack the courage and determination to go global. Still, facing multiple obstacles such as high costs, complex processes, unfamiliar environments, and different systems, it is inevitable that they are feared of the prospects of overseas intellectual property distribution and protection.
This case is one related to the COVID-19 pandemic. The court comprehensively took into consideration the circumstances, nature and harmful consequences of the offense and crime of each defendant.
In the context of strict protection of intellectual property rights, it is conducive to strengthening the punishment of infringers and obtaining timely economic compensations for right holder.
This case not only involves the protection of the name right of Mr. Kanye West, a well-known American figure, but also the protection of signs in the new business model of joint-branded products.
The people's court has protected the legitimate rights and interests of the Chinese and foreign right holders on an equal basis according to law and fully supported the right holder's claims.
This case is a new type of trademark infringement and unfair competition, because the direct selling enterprises are under great impact from the development of e-commerce platform.
The case clarifies the applicable conditions of punitive damages and the calculation rules of the compensation base and multiples, and severely crack down on infringements.
The rapid development of "parallel import" stores has brought consumers more choices but also increases the risk of intellectual property infringement.
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