The hottest Qingfeng imitated Qingfeng's infringem

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"Qingfeng" imitates "Qingfeng" infringement: the original paper towel of a few yuan was awarded 1million yuan

in the field of household paper, "Qingfeng" is definitely a big brand. There is a small family factory in Fuyang, Hangzhou, which produces paper products. The main brand is "Qingfeng", and the trademark is super similar to "Qingfeng"

Hangzhou Railway Transportation Court has jurisdiction over general intellectual property civil cases across regions. Today, it announced a case

the plaintiff is a large domestic paper industry group Co., Ltd., whose products include "Qingfeng" brand series household paper. There are two defendants. Representatives of the Fuyang European Parliament and the European Council of ministers reached a compromise resolution on the revision of the European Union's medical devices and in vitro diagnostic guidelines. Mr. Chen and a paper company under his name. This is a small family enterprise with Mr. and Mrs. Chen and his daughter as shareholders. Founded in 2008, Mr. Chen is not only the legal representative, executive director and general manager, but also the financial director and company liaison. The company's business scale is very small. The paper brand it produces is called "Qingfeng"

the plaintiff Tuo Guozhu analyzed that the lawsuit claimed that the defendant Fuyang company had been given administrative punishment for the production and sale of paper products infringing the plaintiff's exclusive right to use a registered trademark on November 28, 2012, May 8, 2015, September 22, 2017 and February 28, 2019, respectively. Fuyang's "Qingfeng" paper products and everyone is happy that the packaging and decoration of the plaintiff's corresponding products are highly similar or even the same, which has constituted trademark infringement and unfair competition. The average export price in January 2016 was 17944.44 yuan/ton to compensate the plaintiff for economic losses. It is required to pay compensation for infringement of the exclusive right to use registered trademarks and unfair competition, as well as reasonable expenses incurred by the plaintiff for safeguarding rights, totaling 1million

the defendant, Mr. Chen of Fuyang company, argued that the four administrative punishments were right, but the main brand involved in the latter two times was not "Qingfeng". After being investigated and dealt with by the Department of industry and Commerce in 2012, the "Qingfeng" tissue was produced only at the request of customers, but the production volume was small, and it was sold wholesale from small supermarkets to the company. At the end of 2017, production and operation had been stopped due to plant demolition, and it was impossible to infringe again. The amount claimed by the plaintiff is too large. The outer packaging decoration of the alleged infringing product and the corresponding "Qingfeng" tissue produced by the plaintiff should be "similar", but it is not "highly similar"

the court found that the plaintiff's "Qingfeng" trademark was within the protection period and had the right to file a lawsuit in this case

the plaintiff's "Qingfeng" has a high reputation, and a considerable number of product packages have obtained design patents. The "Qingfeng" paper products produced and sold by the defendant Fuyang company are similar in terms of text, font, pattern, color, arrangement and combination, composition and layout in the packaging and decoration, which is easy to cause the relevant public to misunderstand the source of the goods or believe that there is a specific connection between the alleged infringing products and the alleged products, resulting in confusion. The behavior involved in the case of a Fuyang company should be recognized as unfair competition

finally, the court comprehensively considered the popularity of the trademark involved, the business scale of a company in Fuyang, the nature of the infringement, the degree of subjective fault, the reasonable expenses incurred by the plaintiff to stop the infringement and other factors to determine the amount of compensation. This morning, the court made a first instance judgment: a paper company in Fuyang, Hangzhou stopped the infringement, and jointly compensated a Paper Group Co., Ltd. with Chen for the economic losses and reasonable expenses for safeguarding rights, totaling 1million, Fully support the plaintiff's claim for compensation

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