The title of the smart watch product contains Huawei and was found to be infringing

According to the Judgment Documents Network, recently, Huawei Technologies Co., Ltd., Putian Doumao Technology Co., Ltd., etc., have published their first-instance judgments on trademark infringement and unfair competition disputes. The judgment shows that the court finally ordered Putian Doumao Technology Co., Ltd. to compensate Huawei Technologies Co., Ltd. for economic losses of 2 million yuan.

The document shows that after consumer complaints, the plaintiff, Huawei, found that the smartwatches, bracelets, and other products sold by the defendant Doumao’s online store had the title “Applicable to Huawei mobile phones”, but the actual brand was not Huawei, and the products did not have the same name as Huawei. The only suitability, its behavior violated the plaintiff's exclusive right to the "Huawei" trademark; the use of words such as "official genuine product" and "official upgrade model" in the product details falsely promotes the quality of the product and the manufacturer, which constitutes unfair competition. The defendant argued that the use of words such as Huawei in the product title meant that the product was compatible with Huawei mobile phones.

The court held that the defendant "Huawei" was placed at the beginning of the title and did not mark its own brand for the purpose of distinguishing the source of the goods; the defendant confirmed that its watch could be connected to all mobile phones, and it was not justified to point out that "Huawei applies" alone; relevant The evaluation can reflect that some consumers have been confused and misunderstood. Therefore, the defendant's defense that the word "Huawei" is used in a descriptive manner cannot be established, and its behavior constitutes trademark infringement. In addition, the defendant's use of "official website money" and "official upgrade money" in the product introduction constitutes unfair competition that constitutes false propaganda.

Earlier this month that Shangpai, an online store, deliberately added the word "Huawei" to its product name, used the "Huawei" logo, and changed Huawei's trademark in order to increase product sales. In addition, the store also displayed false Huawei online channel sales authorization letters to consumers, misleading consumers into thinking that its products were related to Huawei. Shangpai's behavior constituted an infringement of Huawei's exclusive right to the registered trademark and was sentenced to 5 million yuan in compensation.

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