DHC prevails in trademark dispute case

文章来源: CHINA INTELLECTUAL PROPERTY NEWS
发布时间: 2017/5/12 13:38:00

  The "DHC蝶翠诗" masks belonging to DHC Japanese joint-stock company are very popular. In 2014, various kinds of masks named "DHCFOCU", whose trademark was similar to that of DHC, were found on YHD.com, Lefeng.com etc. website. Finding interests being infringed upon, DHC immediately took actions to protect its rights.


  Recently, Shanghai Higher People's Court ordered in the second instance that Beijing Wanhao Tiancheng Trading Co., Ltd. (hereinafter Wanhao), Guangzhou Elov Cosmetics Co., Ltd. (hereinafter Elov), Shanghai Newheight E-Commerce company, Shanghai Newheight Corporation Limited cease trademark infringement, and Wanhao, Newheight E-Commerce company, Newheight Corporation Limited cease false and misleading advertising which was a practice of unfair competition. Wanhao and Elov need to compensate economic loss and reasonable expense totaling 500,000 yuan to DHC.


  From 2015 to 2016, DHC registered the "DHC" and "蝶翠诗" trademarks, which certified to be used on Class 3 goods including cosmetics etc.


  In 2014, aiming at faked DHC cosmetics emerging on e-commerce platforms, DHC brought an action against Wanhao, Elov, Newheight E-Commerce company, Newheight Corporation Limited to Shanghai No. 1 Intermediate People's Court, requesting the Court to order four companies to stop the trademark infringement and the practice of unfair competition, and eliminate ill effects and Wanhao, Elov to compensate economic loss and reasonable expense totaling 5million yuan.


  The Court held that Wanhao, Elov, Newheight E-Commerce company, Newheight Corporation Limited should stop the trademark infringement and Wanhao, Newheight E-Commerce company, Newheight Corporation Limited cease false publicity which was a practice of unfair competition and Wanhao and Elov need to compensate economic loss and reasonable expense totaling 500,000 yuan to DHC.


  Newheight E-Commerce company and Elov then appealed to the Shanghai Higher People's Court.


  After trial, the Court held that webpages selling the alleged infringing commodities were clearly marked with "operated by YHD", therefore Newheight E-Commerce company, as the operator of YHD, should be identified as the seller of the alleged infringing commodities. In addition, it was indicated on the alleged infringing commodities that Elov was the producer, which means Elov produced the alleged infringing commodities in its name, thus should be identified as the producer rather than commissioned processor of the alleged infringing commodities.


  So affirmed in the second instance.  (by Wang Guohao)

 

(Translator Li Qian Editor Yan Ru)


 

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