Shenzhen Xiaomi constitutes a trademark infringement "Xiaomi case", which is applicable to three times of punitive damages, with a compensation of 30 million!

In the trial of the dispute over infringement of trademark rights and unfair competition between Xiaomi Technology Co., Ltd. (hereinafter referred to as Xiaomi Technology Co., Ltd.) and Shenzhen Xiaomi Trade Co., Ltd. (hereinafter referred to as Shenzhen Xiaomi company), the Shenzhen intermediate people's court actively applied documentary evidence, issued orders and investigated and collected evidence ex officio, effectively solved the problem of determining the facts of the compensation base, and accordingly applied three times punitive damages to the case, The defendant was ordered to compensate 30 million yuan.

Xiaomi technology company sued that Shenzhen Xiaomi company opened a store called "Xiaomi digital franchise store" on tmall online mall, which infringed the plaintiff's exclusive right to use the trademark and constituted unfair competition for a long time and on a large scale across the country.

Xiaomi technology company believes that Shenzhen Xiaomi company has a wide sales area and serious infringement. It requests that punitive damages be applied according to its profits. Request to order Shenzhen Xiaomi company to immediately stop trademark infringement and unfair competition, publish a statement on the home page of tmall website, eliminate the impact, and compensate Xiaomi technology company for economic losses and reasonable rights protection expenses.

Shenzhen Xiaomi company argued that some of the goods it sold were different from the goods approved for use in the trademark involved. The company used the name on the date of its establishment in December 2012 without any change. At the time of transfer, the name of the tmall store involved in the case was "Xiaomi digital franchise store". The name of the online store was automatically generated by tmall according to the business license and business scope of the store and the relevant rules of tmall. It was accused that Shenzhen Xiaomi company enjoyed the right to use the "Xiaomi" brand according to law.

The first instance of Shenzhen intermediate people's court found that since February 2, 2019, Shenzhen Xiaomi company has sold 182 alleged infringing goods such as charger, mobile power supply, fan and massage instrument in the store. The words "Xiaomi digital franchise store" are used in the upper left corner of the sales page of each alleged infringing goods, with a total sales amount of 154 million yuan, In the sales titles of 114 of them, "Xiaomi digital franchise store", "Xiaomi franchise store" and "Xiaomi" were marked, with a total sales amount of 135 million yuan; "Applicable to... Xiaomi", "applicable to Xiaomi" and "general Xiaomi" are marked in the sales titles of 10 of the commodities.

The court held that the "Xiaomi" trademark used by Xiaomi technology company on mobile phone products was a well-known trademark, and the behavior of Shenzhen Xiaomi company constituted trademark infringement and unfair competition of counterfeit brands. Accordingly, the Shenzhen intermediate people's court made a judgment of first instance, ordering Shenzhen Xiaomi company to immediately stop using "Xiaomi digital franchise store", "Xiaomi franchise store" and "Xiaomi" on the title of relevant commodities sold from the effective date of the judgment, immediately stop using the enterprise name and "Xiaomi" brand name of "Shenzhen Xiaomi Trading Co., Ltd., and publish an impact elimination statement on the front page of the store for 30 consecutive days, Compensate Xiaomi technology company for economic losses and reasonable rights protection expenses of 30 million yuan.

Guangzhou cosmetics "true me perfume" shampoo trademark infringement was fined 75 thousand yuan

Recently, an administrative penalty information released by credit Guangzhou showed that a cosmetics Co., Ltd. in Guangzhou was fined 75000 yuan for trademark infringement.

According to the circular, a cosmetics company in Guangzhou has produced a total of 3844 boxes of "J" dor from the customer's orders in September 14, 2021, which is moist and soft shampoo (260m/ box). As of December 22, 2021, 3840 boxes have been sold to customers, with a total sales volume of 45540 yuan. Four boxes in inventory have been seized, and the value of goods is 47.2 yuan calculated according to the sales price of 11.8 yuan / box.

The circular shows that the business volume of the enterprise producing the above shampoo totals 45587.2 yuan. The trademark is a three-dimensional registered trademark approved by Christian Dior flavor company in the Trademark Office of the State Administration for Industry and commerce. The trademark registration certificate number is 75058028. The designated color is golden yellow. It is approved to use category 3 goods. The trademark registrant enjoys the exclusive right to use the trademark and is protected by Chinese law.

Guangzhou Baiyun District market supervision and Administration Bureau believes that the 260m/ perfume produced by a cosmetics company in Guangzhou has used some registered trademarks on the outer packaging, but the internal yellow gold bottle neck alloy yellow content is similar to the color, shape and overall visual effect of the 7505828th stereoscopic registered trademark, which is easy to cause confusion and mislead the public. Constitute trademark infringement.

In this regard, Guangzhou Baiyun District market supervision and Administration Bureau ordered enterprises to immediately stop trademark infringement; Confiscate and destroy 4 boxes of true me perfume moistening and Smoothing Shampoo that infringes the exclusive right to use registered trademarks. A fine of 75000 yuan. According to the data, a cosmetics Co., Ltd. in Guangzhou was established on July 27, 2015, and its legal representative is wan.

"Young people's first TV" is a registered trademark. The applicant is not Xiaomi company

Recently, Qingdao juhaoyuan Intelligent Technology Co., Ltd. successfully registered the trademark of "young people's first TV vidda", which is internationally classified as advertising sales.

It is reported that "the first TV for young people" has been used by Xiaomi as advertising language. In August last year, Hisense's vidda brand strategy proposed to "be the first good TV for young people". Qingdao juhaoyuan Intelligent Technology Co., Ltd., a subsidiary of Hisense, applied for the registration of the trademark of "young people's first good TV" and "young people's first TV vidda" in August last year.

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