Recently, the domestic furniture industry listed company Meike International Household Products Co., Ltd. (hereinafter referred to as Meike) has just come out of the whirlpool of public opinion that has been questioned in the financial report. A dispute involving trademark infringement and unfair competition of the company has entered the public view. .
It is understood that the Shanghai Pudong New District People's Court (hereinafter referred to as the Shanghai Pudong Court) has recently filed a lawsuit against Meike Company against Wenzhou Daqian Artist Residence Co., Ltd. (hereinafter referred to as Daqian Company), and the Sleek Furniture Operation Department of Beicai Town, Pudong New District, Shanghai (Slink Management Department) and natural person Li Moumou infringe on the exclusive rights of registered trademarks and unfair competition disputes, the first-instance judgment was made. In this case, Meike demanded that the defendant compensate 3 million yuan in economic losses and other lawsuits were rejected by the court in the first-instance judgment. . At present, Meike has filed an appeal with the Shanghai Intellectual Property Court.
It is understood that Meike Company filed a lawsuit in the Shanghai Pudong Court on November 28, 2017, claiming that after Li Moumou and Daqian Company, who had served in the company, plagiarized its trademark and decoration design and operated with its "ART" brand. The "AFS" brand is very similar, and accordingly the two defendants "maliciously colluded" and jointly committed infringement. The Link Business Department was sued as a Daqian company's franchise store in Shanghai.
Meike believes that with the rise of the company's brand awareness, the corresponding decoration of its "Meikemeijia" and "ART" brand stores should be protected as a product decoration with certain influence. This is also one of the foundations of the company ’s right to file a lawsuit with the Shanghai Pudong Court. The other basis of rights is the company ’s exclusive right to use the registered trademark No. 8931289 "ART and Figure", approved for use in category 20 window metal Accessories, furniture and other commodities.
In response to the accusations of Meike, Li Moumou stated that he and Meike signed a non-competition restriction notice in April 2016 and terminated the labor contract. Even after joining Daqian, they only provided marketing work, but did not Participated in the decoration design work of Daqian Company's trademarks and franchised stores, and there was no infringement.
According to Daqian's defense, the decoration and decoration advocated by Meike is neither well-known nor uniform, nor does it have the effect of identifying the source, which will not cause confusion and misidentification. The company also further pointed out that the decoration proposed by Meike is a general-purpose decoration with practical functions that must be used in the home industry. It is not unique to Meike. It has evidence that this style of decoration is used by most American-style furniture. The brand is in use. In addition, Daqian Company also provided evidence to prove that its accused infringement decoration started to be used earlier than Meike. The current packaging decoration of Daqian Company is based on the original decoration and decoration, which is a normal evolution based on the customary style of American furniture.
At the same time, regarding the infringement allegations made by Meike Company on the "AFS" trademark, Daqian Company stated that the trademarks of the two parties are clearly distinguished and there is no possibility of confusion. According to the latest data from Trademark.com, the trademark "AFS" No. 21457441 applied by Daqian Company has been approved by the Trademark Office to be registered in the 20th category of furniture, non-metallic boxes and other commodities. At the trademark announcement stage, Meike had cited its "ART" and other trademarks to object, but the Trademark Office believed that the two trademarks did not constitute similar trademarks on similar products.
On December 5, 2018, the Shanghai Pudong Court live broadcast the trial process of the case on the Chinese court online. According to the first-instance judgment made by the court a few days ago, the focus of the case was whether the defendant ’s actions constituted an infringement of the plaintiff ’s exclusive right to use the registered trademark, and whether the decoration claimed by the plaintiff was a “influential service†protected by China ’s anti-unfair competition law Decoration ".
According to the trial of the Shanghai Pudong Court, no matter whether the trademarks of the two parties involved in the overall comparison or isolation comparison can not reach a similar conclusion, the defendant ’s use of the “AFS†trademark does not constitute trademark infringement.
In response to the plaintiff ’s claim of “influential service decorationâ€, the Shanghai Pudong Court mainly believed that the identification and orientation of the plaintiff ’s “Meikemeijia†and “ART†brand decoration were insufficient to enable the relevant public to establish these decoration elements directly with the plaintiff ’s brand. Can not be protected in accordance with the relevant provisions of the Anti-Unfair Competition Law. In this regard, the court reasoned specifically that the related decoration claimed by the plaintiff had been provided by the defendant with a large amount of evidence to prove that it was widespread in the industry and a common decoration method in the industry. In fact, it was also widely used in daily home decoration. It should not be protected as a decorative element unique to the plaintiff. Moreover, the plaintiff cannot form a specific directivity and identification among the relevant public in a situation where neither the uniform nor the overall use of the decoration he advocates has been used.
Accordingly, the Shanghai Pudong Court's first-instance decision rejected all Meike's claims.
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