Learning while thinking suit Learning by thinking was supported by the court: 300,000 damages have been awarded for infringement

category:Finance
 Learning while thinking suit Learning by thinking was supported by the court: 300,000 damages have been awarded for infringement


According to the Trademark Law of the Peoples Republic of China, the Wuhan Intermediate Court holds that the plaintiff, as the registrant of the trademark learning and thinking, enjoys the exclusive right to use the registered trademark and should be protected by law. There are only differences in word order between the logo used by the defendant and the most prominent character in the plaintiffs trademark, which can easily cause public confusion. Therefore, the defendant infringed on the exclusive right to use Xuelisis registered trademark. However, the defendants use of the name Wuhan Hongshan Siruixue Training Center does not constitute unfair competition. The establishment date of Hong Shan Siwei Learning Center is April 2, 2009, which is earlier than the registration date of the trademark Xuewei. The reasons that constitute unfair competition behavior are lack of factual basis and are not supported. It is judged that Hongshan Singles Learning Center should compensate Beijing Singles Company for its economic loss of 300,000 yuan. After the first instance, Wuhan tried to lodge an appeal with the Higher Peoples Court of Hubei Province. In May this year, the Hubei Provincial Higher Peoples Court decided at the second instance that the facts of the first instance judgment were clear and the applicable law was correct and should be maintained. Source: Responsible Editor of Pengmei News Network: Zhong Qiming_NF5619

According to the Trademark Law of the Peoples Republic of China, the Wuhan Intermediate Court holds that the plaintiff, as the registrant of the trademark learning and thinking, enjoys the exclusive right to use the registered trademark and should be protected by law. There are only differences in word order between the logo used by the defendant and the most prominent character in the plaintiffs trademark, which can easily cause public confusion. Therefore, the defendant infringed on the exclusive right to use Xuelisis registered trademark.

After the first instance, Wuhan tried to lodge an appeal with the Higher Peoples Court of Hubei Province. In May this year, the Hubei Provincial Higher Peoples Court decided at the second instance that the facts of the first instance judgment were clear and the applicable law was correct and should be maintained.