Huawei is very active in protecting its trademark usage rights and recently a Chinese product seller was caught selling mosquito repellent lamps and earphones with the Huawei logo, after which he was fined. fined $2 million ($294,000) for trademark infringement.
The China Trademark Office filing indicates that Huawei Technologies Co., Ltd. and Shenzhen Zhiyuan Network Technology Co., Ltd. were accused of unfair competition.
Huawei believes that the products sold by Zhiyuan Company with the words “Huawei” infringe its rights, and it should be liable for compensation.
Material at heart:
Documents made public by the Chinese patent office reveal that plaintiff Huawei claimed that the names of mosquito repellent lamps and earphones sold by defendant Zhiyuan in the online store were marked with the words “Huawei”, and used prominently displaying the logo similar to the plaintiff’s mark in the image of the page, constituting a trademark infringement.
The defendant also used terms such as “Huawei official authentic general functionality” on certain product pages to falsely advertise, which constituted unfair competition. Defendant Tang, as the sole shareholder of Zhiyuan Company, should bear joint and several liability.
The defendant company Zhiyuan argued that the word “Huawei” did not appear in the title of the mosquito killer lamp product, and the plaintiff did not have any mosquito killer lamp product, so there was no possibility to confuse consumers by misidentifying the mark.
The applicable phone model shown on the product title is industry practice and there is no unfair competition. Defendant Tang argued that he was not the sole shareholder of Zhiyuan Company.
Meanwhile, the total sales volume of the 9 product links involved in the case exceeded 500,000 pieces, with the sales amount exceeding 7.55 million yuan ($1.11 million).
The court decided that the Zhiyuan company copied and imitated the well-known trademark “Huawei” involved in the case on the mosquito killer lamp sales page, which violated the plaintiff’s right to exclusive use of the trademark. well known.
The prominent use of “Huawei” and other logos on the product pages and names of eight headphones violated the plaintiff’s right to exclusive use of the trademarks. The above actions of Zhiyuan Company violated the principle of good faith and amounted to unlawful deceptive commercial advertising and fair competition.
Therefore, the court came to this defendant Zhiyuan Company when the alleged infringement occurred, could not clarify the company’s ownership and personal property. Ultimately, the court ruled that Zhiyuan Company and Tang X (sole shareholder) should jointly compensate Huawei for economic losses of 2 million yuan ($294,000) for the use of its copyrighted logo. author on mosquito killer.