Guangzhou Daily News (All Media Reporters Charter) On the 22nd World Intellectual Property Day, the Guangzhou court announced a trademark infringement dispute.
The cause of the case is that Zeng Moumou sold a women's bag in the online store. The front of the women's bag used the YSE logo, and the "two horizontal" on the letter "E" of the bag were riveted with rivets.
According to the publicity guidelines, consumers can transform into the logo YSL after dismantling the "two horizontal" of the "E" letter in the logo after purchasing a women's bag.
Yves Saint Laurent, the owner of the YSL registered trademark No. 807224, claimed that Zeng Moumou's sales of the above-mentioned products constituted trademark infringement, and sued the court to request Zeng Moumou to compensate for economic losses and reasonable expenses for rights protection.
After trial, the court ruled that Zeng Moumou's above-mentioned behavior constituted trademark infringement, and Yves Saint Laurent should compensate Yves Saint Laurent for economic losses and reasonable expenses for rights protection totaling 80,000 yuan.
After the first-instance verdict, both parties accepted the verdict, and the verdict has come into effect.
The court pointed out that the accused logo YSE was used in a prominent position on the front of the goods, which played the role of identifying the source of the goods and constituted trademark use.
Moreover, the accused goods and the goods approved for use in the trademark No. 807224 belong to the same kind of goods. After comparison, both of them are composed of three letters superimposed. The letter below the trademark is "L". After the three letters are superimposed, the difference between the two logos is not obvious, which constitutes an approximation.
According to the propaganda of the online shop involved, the “E” letter in the accused logo can be transformed into the YSL logo after being dismantled, and the dismantled YSL logo is also used as a trademark. registered trademarks constitute the same.
Therefore, Zeng Moumou's sale of the above-mentioned products constitutes trademark infringement.
The names of many infringing links of the online store involved in the case used the word "big name". Based on the popularity of the trademark, the sales scale, and the plaintiff's reasonable expenses for rights protection, the court ruled that Zeng Moumou should compensate the plaintiff for economic losses and reasonable expenses for rights protection totaling 80,000 yuan.
Since the different states of use of the alleged infringing logo have the function of identifying the source of the product, the deformed logo after disassembly is also a state of use of the alleged infringing logo. Only by incorporating the logos of different use states into the scope of trademark infringement comparison can comprehensive protection be achieved. The trademark rights of the right holder can effectively curb the frequent occurrence of trademark infringement.