After being sued by Tesla for losing money, Tesla's used car company has been restricted
Fast Technology reported on December 13 that Tianyancha App showed that recently, the Changsha Branch of Tesla Used Car (Guangzhou) Co., Ltd. was restricted from high consumption by the People's Court of Tianxin District, Changsha City, for failing to fulfill the payment obligations determined by the effective legal documents.
Involving Tesla (Shanghai) Co., Ltd. and the above-mentioned company's intellectual property ownership and infringement disputes, the case process information shows that in November this year, the above-mentioned company has been forced to enforce more than 310,000 yuan because of the case.
According to previous reports, on August 1, 2022, Tesla took Tesla's used car to court, claiming trademark and copyright infringement and unfair competition, and demanding that the defendant compensate for economic losses and rights protection expenses of 500,000 yuan.
Tesla claimed that the defendant prominently used Tesla-related logos on the front of the store and in the store, and registered the plaintiff's registered trademark "Tesla" as a trade name to engage in second-hand car trading, which was false publicity.
The court held that the defendant used a large number of marks identical or similar to the plaintiff's trademark on the front and interior decoration of the store, and the affiliated companies of the defendant's head office had applied for a large number of trademarks that were identical or similar to the plaintiff's trademark.
Therefore, the degree of recognition of the plaintiff's Tesla brand is significantly higher than that of ordinary enterprises, and the defendant's use of the logo involved in the case has played a role in identifying the source of the service, which is a trademark use.
At the same time, the publicity of "the only Tesla used car chain franchise in the country" is easy to mislead, so the defendant's act of free-riding will cause confusion or misidentification among consumers, constituting unfair competition.
In the end, the court ordered the defendant company to stop the infringement and compensate 300,000 yuan for economic losses and reasonable rights protection expenses.
In addition, in addition to Tesla's second-hand car Changsha branch, it also established a Wuhou branch, but at present, the infringing company has been cancelled, and its head office has also been renamed Guangzhou Tebao New Energy Technology Co., Ltd.