On the morning of April 26, the official public account of the People’s Court of Tianxin District, Changsha City issued the first-instance judgment of the court of “Cha Yan Yue Se” sued “Cha Yan Guan Se” for unfair competition infringement. The court ruled that “Tea Yan Guan Se” lost the lawsuit and stopped advertising, franchise license investment promotion, and false promotion of unfair competition that were the same as or similar to “Tea Yan Yue Se” nationwide; and asked “Tea Yan Yue Se” to promote unfair competition. “Compensation for economic losses and reasonable rights protection costs accumulatively amounted to 1.7 million yuan.
Seeing this case, I have other feelings. In the past, many merchants often filed lawsuits directly on the grounds of trademark infringement due to trademark infringement issues, ignoring the existence of the anti-unfair competition law. As a result, the lawsuit will be prolonged and prolonged, greatly increasing the plaintiff’s rights protection. cost. The reason is that the reason for the lawsuit is that the trademarks of the plaintiff and the defendant are identical or similar. This is a matter of professional judgment. The defendant has the right to file an invalidation of the plaintiff’s trademark with the Trademark Office and can apply to the court for suspension of justice on this ground. Procedure, waiting for the ruling result of the Trademark Office. The fastest ruling time for the Trademark Office is six months (although it is possible to apply for an expedited review). In fact, the reasons for litigation should directly quote the relevant provisions of the Anti-Unfair Competition Law, and the extension of trademark infringement to cause consumers to confuse the source of goods and services is an act of unfair competition. That is to say, whether the trademark constitutes the same or similar professional question can be skipped. The court can directly hear and determine the result, preventing the defendant from countering and delaying the litigation time through the invalidation of the trademark. For such claims, I often leave messages in response to some trademark infringement disputes. I keep on speaking and saying that there are very few likes and almost no one pays attention. But after persisting in this practice for several years, today I finally see a change. Businesses or lawyers have finally begun to face up to the high-efficiency of the anti-unfair competition law, and are deeply gratified. No matter how fragile the power of an individual is, it can change the world as long as you want.