IT Home News July 9, Jinan Intermediate Court of Justice Wechat issued a message on July 9, Tencent sued Shandong Tencent Cultural Media Co., Ltd. for trademark infringement has been the result. Recently, Jinan Intermediate Peoples Court issued a judgment that Tencent is a well-known trademark, judging that Shandong Tencent constitutes trademark infringement and compensation of 300,000 yuan. u3002
It is understood that the plaintiff Tencent Technologies (Shenzhen) Co., Ltd. was approved to register the trademark of Tencent on February 28, 2003. The trademark registration number is 1962 827, and the approved service category is 38, covering information transmission, telephone communication, mobile telephone communication, computer terminal communication, computer-aided information and image transmission, etc. u3002 On April 28, 2004, Tencent Science and Technology (Shenzhen) Co., Ltd. was granted the exclusive right to the registered trademark of Tencent No. 1962-827. The period of exclusive right extended to February 27, 2023.
The defendant Shandong Tencent Cultural Media Co., Ltd. in its operation of the website home page shows the words Tencent Media and Tencent Group. The website DM advertising clicks into the discovery, the defendant made the advertising design using the words Tencent Media, Tencent Pepsi Tong and highlighting the use of the word Tencent. In the plaintiffs opinion, the defendants act has violated the exclusive right of the registered trademark of Tencent No. 1962827 of the plaintiff, and there are also unfair competition in the use of the enterprise name of Tencent.
The defendant, Shandong Tencent Cultural Media Co., Ltd., argued that the defendant had applied for the registration of Class 35 trademarks and was rejected by the Trademark Office. The defendant had no malicious intention to use Tencent Media. The defendants enterprise is legally registered, and the defendants business scope is concentrated on the 35th category of advertisement design, which does not belong to the same category as the 38th category of communication service approved by the plaintiffs trademark involved in the case. The defendants use of the words Tencent Media in the companys website and the advertisement design produced does not infringe upon the plaintiffs exclusive use of the registered trademark involved in the case. Right, the defendants use of Tencent as a corporate name does not constitute unfair competition.
After trial, the court held that operators should abide by the principles of voluntariness, equality, fairness, honesty and credit, and abide by recognized business ethics in market transactions. In this case, the plaintiff Tencent Technology (Shenzhen) Co., Ltd. not only enjoys the exclusive right of registered trademark, but also enjoys the right of Tencent enterprise name. The defendant, Shandong Tencent Cultural Media Co., Ltd., was established on September 6, 2016. The establishment time was obviously later than that of the plaintiff, Tencent Technology (Shenzhen) Co., Ltd. and the trademark of the plaintiff involved in the case has been widely known by the relevant public. Therefore, the use of Tencent corporate name by Shandong Tencent Cultural Media Co., Ltd. is enough to mislead the relevant public to confuse the defendant company and its advertising design services with the plaintiff company. Therefore, the defendants use of Tencents enterprise name constitutes unfair competition, and should bear the corresponding responsibility.
Finally, the court decided that the defendant, Shandong Tencent Cultural Media Co., Ltd., immediately stopped infringing on the exclusive right of the registered trademark of Tencent No. 1962-827 in the case of the plaintiff Tencent Technology (Shenzhen) Co., Ltd. and the defendant, Shandong Tencent Cultural Media Co., Ltd., immediately stopped the unfair competition of using the enterprise name of Tencent. The defendant, Shandong Tencent Cultural Media Co., Ltd., shall compensate the plaintiff, Tencent Technology (Shenzhen) Co., Ltd. for economic losses and reasonable expenses totalling 300,000 yuan within 10 days from the date of the judgment coming into effect.
Source: Editor-in-Charge of IT Home: Wang Fengzhi_NT2541