Consumers too lenient false, "GOME" infringement mistakes and do not c
March 30, 2005, Xining City Intermediate People's Court "PRC Civil Procedure Law," the relevant provisions, the verdict: "Xining Synnex
States United States "In 60 days, stop using" Gome "font; immediately stop using the" GOME "" Gome "signs, signs, promotional banners, posters,
Billboard ; Compensation for economic loss of 50,000 yuan Beijing Gome; "Xining joint powers the United States" in the "Xining Evening News" published statement that no business with Beijing Gome Electrical Appliances Co., Ltd. affiliated, and an apology.
Until Nov. 12, 2005, "Union power the United States" before the "Xining Evening News" published a statement that no business with Beijing Gome Electrical Appliances Co., Ltd. affiliated to the Beijing Gome Home apology. Requested the court within 60 days to stop the conduct, but "joint powers Xining United States" in the daily operation and advertising, and still allow the "States United States" the words appear in advertising and openly on a variety of signs. Advertisements not only use the word "Union power in America," the words, and "ascend by the ladder," playing with words
Game , Declared in a newspaper advertisement, to bring people affordable, "GOME" real "country the United States." Although the first shop east of the city was evacuated, and can also "Gome
Mobile "Message, west door of the first store is still there," GOME "words. All of these acts show that" joint powers the United States, "violations of the Beijing Gome has not stopped one day.
Once did Appliances Sell Mr. Chang said: "At first, I thought 'Xining joint powers America' is the Beijing Gome chain stores. Later, and chat with colleagues who worked only know, 'Xining, the U.S. Joint Powers' and Beijing Gome simply does not matter. And then they seen from the media on the 'joint powers Xining U.S.' infringement of the report, I have been very concerned about this. probably around February 15, I passed through 'joint powers Xining U.S.' east of the city shop and saw the door head was gone. I am not infringing on is not very clear, namely that 'the United States Xining joint powers' approach is to deceive the consumer. perhaps too tolerant of our consumers, know' Union power the United States' is false 'States United States ', they have been deceived, but he generously accepted this false' States United States'. Similarly, as the Beijing Gome Electrical Appliances Co., Ltd., thousands of kilometers away, can not always monitor 'United strong U.S.' whether to stop violations of their rights . All these have a 'joint powers the United States' continuing violations of the interests of Beijing Gome Home opportunity. "
This end, the reporter consulted Haibo Li Qiang, the law firm lawyer, and his answer is: Beijing Gome Electrical Appliances Co., Ltd. is well-known enterprises, "Xining joint powers the United States" practices, in violation of trademark rights in Beijing Gome Home , Beijing Gome Ltd also violated
Intellectual property rights Is an improper Competition
Behavior. Although published in accordance with sentence requirements statement, also changed the logo, but as long as the "National America," the word still in use, such behavior is the violation. This case, the plaintiff should apply for Beijing Gome Home court for enforcement, to request the immediate cessation of such violations, and demanding that compensation for losses caused by the behavior.
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