Recently, the Hangzhou Intermediate People's Court concluded a lawsuit against an Internet vendor for attaching goodwill to HuaweitrademarkInfringement case, brought against Huawei500The punitive damages claim is supported in full.

       Huawei's "Huawei" and flower petal graphicstrademarkHave a high visibility. In order to increase store sales, Shangpai Company added the word "Huawei" in the name of the mobile phone Yuntai products sold in its online store, and used the word "Huawei" and the logo with flower petal graphics and related pinyin words in the product display picture. At the same time, a pair of petals appeared in the shoptrademarkMade some changes to the logo, and showed consumers a false Huawei network channel sales authorization letter. Therefore, Huawei took Shangpai to the court to request the court to order Shangpai to stop the infringement, apply punitive damages and compensate for its economic losses500Ten thousand yuan.

       The court of first instance determined that Shangpai Company constituted infringement, and combined with the infringement circumstances, decided Shangpai company to bear punitive compensation liability. Neither party appealed, and the ruling is now in effect

       Ringser's view:Trademarks bear the goodwill accumulated by the long-term operation of market entities. The reason why the infringers blatantly use the authorization certificate and arbitrarily alter the relevant graphics and trademark patterns of Huawei is that they try to gain illegal benefits by using the Internet platform to grab others' goodwill and pass it off as a fake. In this case, the court determined that Shangpai Company constituted infringement, and combined with the infringement circumstances, judged Shangpai Company to bear punitive compensation liability500Ten thousand yuan, demonstrating the judicial department's firm attitude to crack down on malicious infringements. Practice has once again proved that in the Internet era, where information is more transparent, market players should be fully aware that the "routine" they try so hard will only "trap" themselves. No matter at any time, market players should keep the bottom line of good faith, maintain the awe of the law, this business. For more information about the trademark, please contact Lianze Consultant.

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