Shanghai Intellectual Property Court official WeChat news on July 15, recently, Shanghai Intellectual Property Court (hereinafter referred to as Shanghai Intellectual Property Court) against the plaintiff Xiaomi Technology Co., Ltd. (hereinafter referred to as Xiaomi Technology Company), Xiaomi Communication Technology Co., Ltd. (hereinafter referred to as Xiaomi Communication Co., Ltd.) and defendant Zhou Moumou and Shanghai Xunmeng Information Technology Co., Ltd. (hereinafter referred to as Xunmeng Information Technology Co., Ltd.) made a first-instance judgment in the case of infringement of trademark rights and unfair competition and found that defendant Zhou Moumou The behavior constituted trademark infringement and unfair competition, and Zhou Moumou was ordered to compensate for economic losses and reasonable expenses totaling 500,000 yuan. After the verdict was pronounced, neither party appealed, and the case came into force.
The plaintiffs Xiaomi Technology Company and Xiaomi Communication Company jointly claimed that Xiaomi Technology Company owns the “Xiaomi” trademark No. 8228211, and the approved product category is videophone, mobile phone and other products of category 9. Xiaomi Communication Corporation is authorized by Xiaomi Technology Corporation to use all trademarks held by Xiaomi Technology Corporation when selling and distributing goods worldwide from August 25, 2010. After the publicity and use of the two plaintiffs, the above-mentioned registered trademarks have gained a very high reputation. The two plaintiffs found that the defendant Zhou Moumou used the word "Xiaomi" in many places on the sales page and products of Yuba, heaters, flat lamps, and Liangba products displayed on a store operated by an e-commerce platform; In the product promotion of the aforementioned stores, the words "Xiaomi丨Life Electrical Appliances Store", "2-year electricity cost comparison between Xiaomi energy-saving lamps and market defective lamps" and the content of the page pointed to by the QR code of "Walk into Xiaomi" are false and attractive. Misunderstood commercial promotion.
The two plaintiffs filed a lawsuit with the court, arguing that the “Xiaomi” trademark involved in the case was a well-known trademark, and the defendant Zhou Moumou’s aforementioned behavior was to use and sell the same goods as the plaintiff’s registered trademark without authorization on different categories of goods, which constituted trademark infringement; the defendant Zhou Moumou The false propaganda behavior of the company has the intention of clinging to the "Xiaomi" trademark and the popularity of the two plaintiffs' enterprises, which constitutes unfair competition. The defendant, Xunmeng Company, neglected to perform its obligation of review and supervision, and provided convenience and profit to the defendant Zhou Moumou's infringement, and should bear corresponding legal responsibility. The two plaintiffs requested the court to order the defendant Zhou Moumou to stop the infringement and unfair competition, publish an apology statement to eliminate the impact, compensate economic losses of 5 million yuan and reasonable expenses of 100,000 yuan, and order the defendant Xunmeng to delete the link involved in the case.
After hearing, the Shanghai Intellectual Property Court held that the “Xiaomi” trademark No. 8228211 owned by the plaintiff Xiaomi Technology Co., Ltd. has been used continuously since its approval and registration. The plaintiff and its affiliates invested a lot of money to promote the Xiaomi brand and won many honors. It can be determined that the trademark involved has been widely known to the relevant public in China in 2020 and is a well-known trademark. When the defendant Zhou Moumou sold the four alleged infringing products, namely Yuba, heater, flat panel lamp, and cool bar in his store, he listed the product name, product picture, and product details page in many places, as well as the product body, outer packaging, instruction manual, etc. Logos such as "Xiaomi", "Xiaomi Home Yuba", "Xiaomi Home Air Warming", "Xiaomi Home Flat Lamp", and "Xiaomi Home Cooler" are prominently used in many places. These logos use the trademark "Xiaomi" involved in the case, which is duplication or imitation of the well-known trademark "Xiaomi" registered by the plaintiff on the same or dissimilar goods. interests of the right holder and constitute trademark infringement. Defendant Zhou Moumou showed in his store video that it was a "Xiaomi | Life Appliances Specialty Store", which would mislead the relevant public into believing that the products sold by the store came from the plaintiff or had a relationship with the plaintiff, and had attached to the plaintiff's business reputation and commodity reputation. The intention to enhance the competitive advantage violates the principle of good faith and constitutes unfair competition. Defendant Zhou Moumou committed trademark infringement and unfair competition through false propaganda and should bear the civil liability for stopping the infringement and compensating for losses in accordance with the law. In view of the fact that the infringing products involved have been removed from the shelves and the two plaintiffs have confirmed this, there is no need to support the plaintiff's claim to stop the infringement and delete all publicity pages. In summary, the Shanghai Intellectual Property Court made the above judgment in accordance with the law.
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| The sales page of the accused infringing goods |
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