If you have a well-known Op, I will use the new Opus to take a ride. This serious violation of intellectual property rights is severely punished by law. A few days ago, the Provincial Higher People's Court made a final judgment on the case of New Opt's infringement of the trademark rights of Op-Op, and found that the infringement facts were established. According to the judicial interpretation of the Supreme Court, it exceeded the limit of 500,000 yuan as stipulated in the Trademark Law and sentenced to the new Opus compensation for the European Union. Ten thousand yuan.
Review of the case: highlighting the infringement of the new Op
In May 2008, some lighting stores in Shaanxi, Hubei, Hangzhou, Jiangsu and other places met a special customer. When he purchased lighting products, he always brought several local notaries to his entire purchase process. Make a record and take photos from time to time to take photos of the store and products. Originally, the customer was Wang Xun, head of the Legal Department of Zhongshan Op Lighting Co., Ltd., who came here to collect evidence for Hong Kong New Opal's infringement of its trademark exclusive rights. The notary was to assist him in the preservation of evidence.
The evidence provided by Wang Xun in court shows that the front view of the store and the underside of the in-store product display rack, as well as the main view of the box for selling the lighting products and the words behind it, are all produced by Hong Kong New Opal International Lighting Co., Ltd., among them, Hong Kong New Op International Lighting Co., Ltd. has a larger font than the supervisor. Further investigation revealed that the same text was visible on Wei Mingli's website, and the words of Hong Kong New Opal International Lighting Co., Ltd. were also printed on the advertisement brochure of Weimingli Company.
Accordingly, Opus (including Guangdong Op Lighting Co., Ltd. and Zhongshan Op Lighting Co., Ltd., the same below) filed a lawsuit with the Municipal Intermediate People's Court, requesting the court to order Hong Kong New Op, Wei Mingli and Xia Mou to stop the infringement. compensation. The first instance of the City Intermediate People's Court held that the infringement was established and the defendant refused to accept it and appealed to the Provincial High Court. After the second instance of the Provincial High Court, the final judgment was rendered: From the effective date of the judgment, Hong Kong New Opus will stop using the name of Hong Kong New Opal International Lighting Co., Ltd. containing the word Ou Pu, Hong Kong New Op, Wei Mingli and Xia Moum immediately destroyed Contains the packaging and advertising materials of the Ou Pu type, and clears the contents of the website and the store that contain the words of Ou Pu, and compensates the company for the economic loss of 800,000 yuan.
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