On April 19, at the press conference of the 2024 Yunnan Intellectual Property Publicity Week, the Yunnan Provincial High Court announced the top ten typical cases of judicial protection of intellectual property rights in 2023.
Typical cases
The Yunnan court is the first unfair competition case in which the statutory compensation for the top level was applied
——Yunnan Baiyao Group Co., Ltd. v. Yunnan Nuant Golden Ginseng Oral Care Products Co., Ltd., a dispute over the unauthorized use of the same or similar marks as the names, packaging, decorations, etc. of the trade that has a certain influence on others
Judicial protection in the innovative development of intangible cultural heritage
——Heqing Yang Yiyinlou Co., Ltd. v. Heqing County 80 Original Handmade Silver Store, a copyright ownership and infringement dispute
True and false "streets and alleys"
Kunming Radio and Television v. Yunnan Cuimei Culture Communication Co., Ltd., a trademark infringement dispute
"7663" Yunnan Tuocha packaging rights and interests dispute
——Yunnan Xiaguan Tuocha (Group) Co., Ltd. v. Yunnan Yongxin Tea Industry Co., Ltd. and Zou Moumou, an unfair competition dispute
"Administrative mediation + judicial confirmation" to resolve intellectual property disputes
-- Judicial confirmation of administrative mediation agreement for a design patent infringement dispute in Shangri-La City, Diqing Prefecture
Judicial protection innovation and development
——Yunnan Deshang Mining and Metallurgical Environmental Protection Technology Co., Ltd. v. Yunnan Jiuzhou Renewable Resources Development Co., Ltd., a dispute over infringement of invention patent
Active justice helps the protection of cloud tea
——Lincang Tea Co., Ltd. v. Shuangjiang Mengku, a tea workshop in Iceland and its operator Zhang, a trademark infringement dispute
Unauthorized copying, installation and use of software was sentenced to 500,000 yuan
——Tianbao Company v. Yunnan Nianguan Steel Structure Engineering Co., Ltd., a dispute over infringement of computer software copyright
The well-known trademark "Yunnan Red" no longer meets the standard of "well-known".
——Yunnan Plateau Wine Co., Ltd. v. Jiangxi Miaofang Biotechnology Co., Ltd., a trademark infringement dispute
Keep your tongue safe
-- Su XX, Li XX, He XX, Fang XX, and Wu XX sold counterfeit registered trademark goods
Among them, the trademark infringement dispute case of Kunming Radio and Television Station v. Yunnan Cuimei Culture Communication Co., Ltd. has attracted much attention.
Kunming Radio and Television Station opened the WeChat public account of "8099999 Streets and Alleys", and successively opened official accounts on the "Toutiao" general information platform, the "Kuaishou" short video platform, the "Douyin" short video platform, Sina Weibo, etc., and the trademark passed the registration application in the "news reporter service" similar service field in the 41st class of services approved for use in the No. 5245071 registered trademark.
Lawyer in this case Wang Wei of Shanghai Duan and Duan (Kunming) Law Firm: "The infringer is a person named Yunnan Cuimei Culture Communication Co., Ltd., which uses 'Kunming Street and Alley' on the WeChat public account as the nickname and avatar of its official account, and its use plays a role in identifying the source and function of news services, which is a trademark use. The entire commercial logo of Kunming Street and Alley is highly similar to the street and alley trademark of Kunming Radio and Television Station in Class 41, which is easy to cause confusion among the relevant public. ”
The Kunming Intermediate People's Court held in the first instance that Cuimei Company constituted infringement and ordered it to stop the infringement and compensate for economic losses and reasonable expenses of 1 million yuan. Cuimei Company was dissatisfied with the judgment and appealed.
After the trial, the Provincial High Court held that the alleged infringing mark used by Cuimei Company was similar to the registered trademark of Kunming Radio and Television Station involved in the case, which could easily cause confusion among the relevant public, or mistakenly believe that the WeChat public account "Kunming Street and Alley" had a specific connection with Kunming Radio and Television Station. Cuimei's actions infringed the exclusive right to use the registered trademark of Kunming Radio and Television Station. The appeal was dismissed and the original judgment was upheld.
Lawyer Wang Wei of Shanghai Duan & Duan (Kunming) Law Firm: "This case has played a role in regulating market order and protecting consumer rights and interests. This case was selected as one of the top 10 intellectual property protection cases released by the Yunnan Provincial High Court in 2023 because the type of case in this case is relatively rare in the field of trademark infringement and service trademark infringement cases, and the logo of 'street and alley' does have a great reputation in Kunming and even the whole of Yunnan. ”
At present, the "copycat" account has been deactivated