Trademark Infringement and Unfair Competition to Oulin

Release Time:2009/5/6 14:07:06            【Font-size:Big Middle Small】

【Case Briefing】

The plaintiff, Ningbo Oulin Kitchen Utensil Co. Ltd, was incorporated in August 1995 and sells kitchen utensils as its main products. The plaintiff forms the registrant of or the exclusive licensee to the series trademarks of Oulin which was recognized by Zhejiang provincial authority as famous local trademark and well-known firm name. The two defendants as Shanghai Oulin Electronic Appliance Co. Ltd and Shanghai Oulin Kitchen Utensil Co. Ltd were incorporated respectively in January 2003 and December 2004, and have been distributing kitchen utensils as well. The exhaust hoods, sinks and other products manufactured and distributed by the defendants were all trademarked with OSLin and signed with Shanghai Oulin Electronic Appliance Co. Ltd among which Shanghai Oulin was stressed by amplification in particular.

【Result of Trial】

It was decided by Shanghai No.1 Intermediate People’s Court that the two defendants using and stressing on the same or similar products the well-known trademark and firm name of Oulin was largely able to confuse customers for the source of products or make customers believe that the products had something to do with the plaintiff. Therefore, what the defendants did inflicted the infringement to the exclusive right of the plaintiff to its registered trademark. Meantime, the fact that the two plaintiffs named after Oulin and used on same or similar products such mark was sufficiently able to make customers believe that the manufacturer was connected to the plaintiff. The marketed products manufactured by different persons were then seemed to come out of one source, which inflicted unfair competition. The court thus decided: i. the two defendants shall stop the infringement to the exclusive right of the plaintiff to the use of Oulin trademark; ii. the two defendants shall stop the unfair competition against the plaintiff; iii. the two defendants shall change their company names no later than 30 days since the judgment takes effects, and the changed names must not consist of Oulin; iv. the two defendants shall be held jointly liable for an economic compensation to the plaintiff in the amount of RMB 300,000; v. the two defendants shall make public apologies on the Xin Min Evening News to eliminate any negative effects they brought to the plaintiff by trademark infringement and unfair competition.

【Case Analysis】

It is confirmed illegal by this trial to name after the famous trademark registered earlier in whole or in part or to use on the same or similar products in whole or in part which is able to confuse customers. The judgment gives powerful protection to famous domestic brands and brings order to the market. It is thus constructive to the healthy growth of socialist market economy.

 

                                                                          (source: Shanghai IP Administration)

 

Release Time：2009/5/6 14:07:06[ Print ]