China News Service, Guangzhou, April 1 (Fang Weibin, Zeng Jieyun, Huang Huiyi) The Guangdong Higher People’s Court issued a news on the 1st that the court made a final judgment in the case of Lego v. Lepin series logo trademark infringement and unfair competition. Give full support to the compensation claims made by "Lego".
The academy identified "Lepin" manufacturers Guangdong Meizhi Zhijiao Technology Co., Ltd. (hereinafter referred to as Meizhi Company), the second branch of Guangdong Meizhi Zhijiao Technology Co., Ltd., and Shantou Zhilepin Toys Co., Ltd. constitute trademark infringements And unfair competition, and the severity of the infringement is severe, it is ordered to immediately stop the infringement, and to compensate Lego Dr. Co., Ltd. (hereinafter referred to as Lego Company) for economic losses and reasonable expenses paid to stop the infringement totaling 30 million yuan.
Earlier, the Guangzhou Intellectual Property Court found that since 2015, the legal representative of Meizhi Company Li Moumou and others copied Lego toys and produced a large number of toy products containing the series logo of "Lepin" in Chinese and English, many of them The logo infringed the "Lego" trademark and constituted a trademark infringement; a brand name was similar to a product name of Lego Company with certain influence, which constituted unfair competition. The three defendants, including Meizhi Company, were judged to compensate Lego Company for economic losses and to stop the infringement. The reasonable expenses paid by the act totaled 3 million yuan.
After the judgment, both parties disputed the amount of compensation and appealed to the Guangdong Higher Court.
The second review of the Guangdong Higher Court revealed that the "Lego" series of trademarks have been used and promoted for a long time and have a very high reputation in the toy market, and they have long become the main signs used by the relevant public to identify Lego products.
Meizhi Company uses a series of "Lego" logos, which are very similar to "Lego" in terms of color combination, form of expression, and overall visual effects, which can easily lead to public confusion and weaken the distinctiveness of the "Lego" series of trademarks. Cause damage to its market reputation.
Meizhi Company copied Lego toys for four years, infringing on 8 registered trademarks and 1 business name of Lego Company with certain influence.
From September 11, 2017 to April 23, 2019 alone, Meizhi’s illegal business in the production and sale of infringing products has reached 330 million yuan. In addition, according to the sales data of "Lepin" products provided by Zhejiang Taobao Internet Company, it can be It is reasonably presumed that the sales amount of infringing products exceeds 500 million yuan.
Based on reasonable estimates with reference to the profit rate of related industries, the overall profit of the infringing products involved should far exceed 160 million yuan.
Based on this, the Guangdong Higher People’s Court believes that Meizhi’s infringement lasts for a long time, is large in scale, and is highly profitable. It is highly designed and organized. The malicious infringement and imitation of Lego are obvious. It is a serious infringement and should be severely sentenced. , Then gave full support to the compensation claim put forward by "Lego". (Finish)