Beijing Rainwing Trademark Office v. Yun Man accused Trademark Office Co., Ltd. Changzhou trademark infringement, corporate name rights case, the Beijing-run paper in April 13, 2011 to the Changzhou Intermediate People's Court proceedings, the court received the case, shall form a collegial panel on May 26, 2011 public hearing to hearing, Yun Jing Ulrich, head of the text mark the case as an agent, be present at the hearing. Recently, Changzhou Intermediate People's Court under the auspices of the two sides reached a mediation.
Case Review:
Rainwing found in Beijing, Changzhou, Changzhou has a paper profit Trademark Office Ltd, after an investigation found that the text in Changzhou Run February 20, 2009 in Changzhou City of Industry, apply for registration, business scope is a trademark agents, shareholders, legal representatives Liu Zhengrong, former plaintiff who run the text Beijing trademark agency firm employees.
Changzhou Run Man Run Beijing Trademark Office Limited as the text of the operators of the same industry, its shareholders, but also the legal representative Liu Zhengrong Department of plaintiff former employee, knowing that 'Run Man "trademark and business name rights the rights of ownership and visibility, still using the same or similar "Changzhou Run Man", "runwenipo.com" logo, with the subjective bad faith, cling to the text of the Beijing Run "Run Man 'brand awareness, to improper means to obtain a" paper profit "trade mark agent market share, resulting in the relevant public "Run Man," the source of confusion trademark agency services mistake, a serious violation of Beijing's registered trademark Run text.
Trademark Office Co., Ltd. Changzhou Run Man, Run Man without Beijing's permission, the "Run Man," registered as a company name and the font used on the mark agency services in the behavior of easy to make the relevant sources of public trade mark agency services produced confusion or mistake that Beijing and Changzhou Run Man Run the text there is some association between the violation of the principle of good faith, violated the right of Beijing-run paper company name, constitute the plaintiff's unfair competition.
Mediation agreement the following major elements:
First, the defendant since the mediation within 15 effective date, the website, business cards, stop using the plaque on the "Run Man Trademark Office Co., Ltd. Changzhou", "Changzhou Run Man" character, and on July 31, 2011 prior to the business administrative department for corporate name changes, changed the name may not contain, and "Run the text" word.
Second, the defendant since the mediation within 15 days from the date of entry into force, to stop using runwenipo.com domain name, and on July 31, 2011 prior to the domain name registration to apply for cancellation procedures.
Third, if the defendant fails to fulfill some first two obligations, you need to pay liquidated damages to the plaintiff $ 60,000, the plaintiff entitled to liquidated damages to the court for enforcement. Assume the liability for breach of the defendant does not waive its duties and the first two obligations, the plaintiff is still entitled to apply to the court to enforce this.
Fourth, the defendant, the plaintiff compensation for economic losses 5,000.
Fifth, in addition to the above four, the plaintiff and the defendant both no other disputes.
Sixth, the case court costs borne by the defendant.
The mediation agreement in June 27, 2011 to take effect. Beijing Yun Wen achieved initial success.
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