China News Network, Hangzhou, March 26th (Guo Qiyu) The Hangzhou Internet Court on the 26th made a public judgment on Beijing ByteDance Technology Co., Ltd. and a Hangzhou-based company in the "Jiaoyin" trademark infringement case and unfair competition dispute. A ruling company in Hangzhou was awarded 1.5 million yuan for compensation for trademark infringement by Beijing Byte Beat Technology Co., Ltd. and 500,000 yuan for unfair competition.
On December 17, 2018, a shaker company in Hangzhou held a "shake merchants 10,000 people launch conference" in Jianggan District, Hangzhou City. Many venues used the registered trademark "tremble tone" in the promotion, which was suspected of false propaganda. As shown in the conference promotional materials, "mysterious guests" were invited as "executive executives of Douyin headquarters." The meeting arrangement announced "sharing of Douyin headquarters cafes." During the meeting, it was declared "Beijing BYTE Technology Co., Ltd." "Douyin", "Today's Headlines", "Little Volcano" enterprise certification area authorized agents.
In addition, a technology company, Yang Moumou also used the public account "Zhenmou", personal Weibo, personal QQ number and other unauthorized use of "Dou Yin" trademarks involved in the false publicity.
The court heard that the alleged trademark infringement and unfair competition in this case lasted a long time. From December 17, 2018, the "shake business meeting" involved in the unauthorized use of the trademark involved in false publicity activities until March 13, 2020 As of the notarization date of infringement, some of the infringements involved in the case continued.
At the same time, the "Diaoyin" text trademark is a well-known trademark with high brand value. According to the relevant evidence submitted by the plaintiff for "Dou Yin" and China Everbright Bank Co., Ltd. Beijing Branch Douyin Co-branded Card Activity, the Douyin trademark was authorized to use as much as 19.4 million yuan in a single commercial activity.
"Comprehensive consideration of the above factors, and the exercise of discretionary powers conferred by law in accordance with the law and norms, this case reflects a certain punitive nature in determining the amount of compensation." Ye Shengnan, the chief judge of the case and deputy president of the second court of the Internet Trial of Hangzhou Internet Court, said In the case, the relevant companies and individuals carried out false propaganda of trademark infringement on multiple platforms and multiple angles, and repeated malicious infringements. The infringement lasted for a long time, and they should bear the punitive factors for the compensation.
The reporter learned that the newly revised "Trademark Law" clearly stipulates punitive compensation clauses, not only for the compensation of the right holders, but also for the punishment of intentional harm. Ye Shengnan believes that the high payment for malicious infringement is not only to stop the infringement, but also to solve the long-standing problem of low cost of intellectual property infringement and insufficient compensation, so as to curb the continued occurrence of infringement. (Finish)