Recently, careful netizens should have discovered that the theme of the Lenovo Music Lemon X3 series new product launch conference on November 16th seems to be the same as the "Sound Shirt" of the Wang Feng Fiil Headphones conference on October 20.
To grab Wang Feng’s headlines, is Lenovo crazy?
In this regard, some netizens pointed out that Lenovo Music’s move was a plagiarism of Wang Feng’s headset conference. Some netizens thought that Wang Feng had also used others to learn from others. Why did others imitate him as creative plagiarism? ?
What's more interesting is that there are also Weibo netizens who have sorted out the "entanglements" between Wang Feng and Lenovo mobile phones in the past ten years. They have found that the idea of ​​"touching porcelain" or "crashing" all the way in the past ten years is called cross-border "true love."
Then, the theme is the same two conferences, "Sound with the sound", on November 16th, the Lenovo Le lemon X3 series new product launch conference will constitute a plagiarism or plagiarism on the October 20 Wang Feng Fiil headset conference? Or, does the two at the same time infringe on the legitimate rights and interests of others?
"Together with the sound" has applied for a trademark, the applicant is not Lenovo or Wang Feng
In fact, to judge who is copying between Lenovo and Wang Feng, in essence, it is still necessary to see who has the prior right. In the field of intellectual property protection, prior rights mainly include copyright, trademark and patent rights.
From the perspective of copyright, in order to obtain the protection of copyright law, the content of the dispute must first be the work in the sense of copyright law.
According to the provisions of the Copyright Law, the text content can only be protected by the copyright law when it belongs to the fields of "literature, art and natural sciences, social sciences, engineering and other fields" and constitutes "literature works".
As far as "coming with the sound" is concerned, it is actually a change of the idiom "innate". Although the change makes the new vocabulary have the effect of emphasizing the sound or the sound quality, but only four words, At most, a meaning or idea cannot be formed into an independent work.
From the point of view of trademark protection, only the trademarks that have been approved for registration can produce the legal effect of prohibiting others from using the same trademark in similar goods or services.
According to the results of the website of the Trademark Office (China Trademark Network), as of November 25, 2015, there were two “applications for trademarksâ€, one “approved registration†and the other “applicantâ€. The applicant is also the "Shenzhen Sound and Electronic Commerce Co., Ltd.".
Among them, the company's application for the 9th "Sounds of the Word" trademark on September 2, 2014 was approved for registration on October 14, 2015. The products or services covered by the trademark application include: Tablet PC, Smartphones, sound transmitters, speaker cabinets, amplifiers, cameras (photography), electrical connectors, video displays, burglar alarms, battery chargers, etc.
The company applied for the 35 categories of “common†trademarks on July 23, 2015, applying for protection of goods or services, mainly in the category of “online advertising and marketingâ€, including: online advertising on computer networks. Display merchandise, business management and organizational consulting, import and export agents, marketing for others, marketing, personnel management consulting, business enterprise migration, information compilation into computer databases, business audits, etc. for communication purposes.
To put it simply, from the perspective of trademarks, Lenovo and Wang Feng may not be able to submit a “sounding†trademark application for the time being or may not be publicly queried shortly after submission.
It is worth noting that since “Shenzhen Sounds and E-Commerce Co., Ltd.†has applied for the trademark first, Lenovo Music and Wang Feng, if using “communication†in mobile phones and other products may also be suspected of infringing the company. The trademark rights enjoyed.
In terms of the patent dimension, unless Lenovo or Wang Feng has applied for “design and sound†as a design, it is more difficult to judge who is copying who or who is infringing.
Another possibility: Lenovo's internal "discharge", Wang Feng headphones take advantage of it?
Returning to the dispute between the theme of the concert between Lenovo Music and Wang Feng, the "Crash" dispute, Wang Feng's press conference will be October 20th, and the Lenovo Music Lemon launch will be held on November 16. To put it simply, the theme of "coming with the sound" is that the Wang Feng headset conference will be used publicly, and the Lenovo Music Lemon conference will be used publicly. There should be no controversy.
However, from the generation of the idea to the execution, it is indeed time from execution to final release. It is not excluded that there may be a possibility that the internal staff of Lenovo Music and its service company will “discharge†the idea in advance, so that Wang Feng’s earphones “get ahead of the gameâ€.
In fact, large-scale groups usually have problems such as slow implementation due to long decision-making process. As a sub-brand of Lenovo mobile phone business, Lenovo Music has inevitable problems. Coupled with the adjustment of internal management of Lenovo Mobile in the middle of the year, it is bound to have some impact on the efficiency of Lenovo's mobile business.
In the first half of this year, on the evening of June 1, Lenovo’s executive vice president, president of the mobile business group, and chairman of the Motorola Mobility Management Committee, Liu Jun, left the company. Chen Xudong, the CEO of the Magic Factory, which was just established, took over Liu Jun’s position.
Subsequently, Lenovo's mobile business entered a new round of "adjustment period." On August 24, Chen Xudong, president of Lenovo Mobile Business Group, said in an interview with the media that “I took up 5 kilograms in the past two months.†At that time, the media reported that in the past two months, after taking over the Lenovo mobile business, he flew around the world, went deep into the world to understand the situation, and set up the Lenovo mobile business to prepare for the mobile business.
It can be seen that although the final release time is November 16th, the internal project or preparation time of Lenovo Music will probably be much earlier than this time, but it will coincide with the mid-year “change†and “business adjustmentâ€. Many of the established plans have been shelved or delayed.
Therefore, from this dimension, the word or idea of ​​“coming with sound†is used to highlight the sound quality or sound quality of a mobile phone or earphone, and it is not excluded that there may be leakage of internal staff or service company employees of Lenovo Music. However, the possibility of how big it is necessary is another matter.
However, it should be noted that “Sounds with the Sound†has been applied for by the “Shenzhen City Acoustic E-Commerce Co., Ltd.â€, and one of them has been approved for registration, and the scope of protection is related to products such as mobile phones. In another application, the trademark is related to “advertisingâ€. Even if Lenovo and Wang Feng are now “wonderful,†they can’t rule out the possibility of “making a wedding dress for othersâ€.
Therefore, it is better to think about how to cope with the possible "professional guilty" of trademark holders who are "according to the sound" in the future.
Otherwise, the battle for the idea or brand of “coming with the sound†will not be ruled out, and it will not be ruled out that Lenovo Music and Wang Feng will compete with each other, but they will eventually be promoted by Shenzhen City. Good play.
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