Shaoxing city information technology company sales history, creating a continuous registered Shaoxing Xianheng Hotel Plaza Limited in the Internet "too carved" as the domain name. Yesterday, the Shaoxing intermediate people’s Court of first instance verdict on the case of trademark infringement, found that too carved text trademark as a well-known trademark, online registration too Eagle domain has constituted infringement.
"carved" encounter online registration
In 80s the
century, Xianheng hotel development of export varieties "the unique taste of the new Yellow Wine too Eagle brand series Yellow Wine. To create "too Eagle" brand, 2003, Xianheng hotel at a high price from Shaoxing Dongsheng Wine Co. Ltd., the Transferee "too carved" text registered trademark. Subsequently, the hotel has spared no expense in Japan, Singapore, Hongkong, Macao and other countries and regions, the protection of registered trademark "too carved" series, and obtained the "registered trademark is carved" series of text and text graphic combination.
last year, found the WWW. Hotel,.Com www., too too carved carving.Net and taidiao.com.cn domain name on the site, and some people is an Information Technology Company Limited sales shimou. Xianheng hotel of the 3 that the domain name and the trademark "Shimou registered too carved" and Chinese characters Pinyin are exactly the same, the hotel is not for domain name registration, has been a serious violation of "carving" registered trademark, and the history of the court.
too eagle is a well-known trademark into focus
since the end of the year, the city intermediate people’s court accepted the case, has two trial. "Too Eagle" is a well-known trademark? Registered "too carved" domain name constitutes infringement? These two issues become the focus of the trial.
history that its registered domain name approved by the legal procedures for approval, and too carved trademark has not yet become a well-known trademark, so the domain name does not constitute a trademark of the "too Eagle" infringement.
according to the relevant laws and judicial interpretation, the court considered "too carved" well-known trademark: Xianheng hotel operating in good condition, the range of publicity, "awareness is carved" is also high, the value of intangible assets is higher, while the Xianheng hotel of "too many carved" trademark rights, and by the Department of industry and Commerce protection. Finally, the court held that "too carved" trademark is well-known trademarks.
too carved domain name constitutes trademark infringement
court believes that due to the identity of the domain name, the network will be based on the domain name to distinguish the information service provider, the domain name has become an important symbol of the enterprise on the internet. Without any permission, 3 domain name registration is a simple copy of "too carved" trademark, deliberately preventing the Xianheng Hotel registered the domain name, have constituted the registered trademark of "too carved" infringement.
yesterday, the Municipal Intermediate People’s court verdict, the judgment day, Shimou to stop violations of Xianheng Hotel "too carved" >