Case of trademark infringement of Sichuan good doctor: two kinds of judgments

category:Finance
 Case of trademark infringement of Sichuan good doctor: two kinds of judgments


On June 17, the administrative judgment issued by the Beijing Higher Peoples Court on June 10 was published on the judgment document website. The conclusion was biased towards good doctors in Sichuan and did not support the appeal reasons of the State Intellectual Property Office and safety.

But in a lawsuit tried by Shenzhen Futian peoples court, there are different results. According to the Southern Metropolis Daily, in August last year, Pingan sued Chengdu good doctor medical laboratory Co., Ltd. and good doctor Pharmaceutical Group Co., Ltd. for trademark infringement. After Shenzhen Futian peoples court tried and made a first trial decision, Pingan won the lawsuit. The defendants Chengdu good doctor and Sichuan good doctor Pharmaceutical Group violated the legal rights of the trademark of safe good doctor u3002 With the withdrawal of good doctors in Sichuan during the second trial, the first trial decision has come into effect.

Beijing High Court judges trademark infringement of Pingan Haofu

In 2018, Sichuan haodoctor group and Ping An Health Internet company had disputes over trademark infringement and unfair competition, followed by lawsuits in Chengdu, Shenzhen and Beijing.

In March this year, the State Intellectual Property Office and Pingan filed an appeal to the Beijing high court against the administrative decision of Beijing Intellectual Property Court (2019) No. After being accepted by Beijing High Court on March 10, 2020, a collegial panel was formed according to law, and the trial was held in public on May 20, 2020.

On June 17, the administrative judgment issued by the Beijing Higher Peoples Court on June 10 was published on the judgment document website. The conclusion was biased towards good doctors in Sichuan and did not support the appeal reasons of the State Intellectual Property Office and safety.

Tens of thousands of words of administrative judgments show that both sides list a lot of evidence and statements in their own favor.

Sichuan good doctor lost in Shenzhen

The dispute over the trademark of good doctor has a long history. In November 2018, Shenzhen intermediate peoples Court of Guangdong Province issued a civil ruling of second instance on trademark infringement disputes between Ping An Group and Chengdu good doctor medical laboratory.

According to the ruling, Ping An Group sued that Chengdu good doctor medical laboratory Co., Ltd. and Sichuan good doctor Pharmaceutical Group Co., Ltd. operated a wechat app named ping an good doctor number on Tencent wechat app platform to provide medical expert consultation service for the relevant public, which led to the misunderstanding of the relevant public. The act infringed upon Ping An insurance (Group) Co., Ltd Limited to the exclusive right to use the registered trademark of the company. The alleged infringement belongs to information network infringement. Futian District, Shenzhen City, where Ping An Group is located, is the place where the infringement result of this case occurs. Therefore, the court of first instance, as the peoples Court of the place where the infringement result occurs, has jurisdiction over this case according to law. Shenzhen intermediate court holds that Ping An Groups appeal reasons are established and supported.

The result of the second instance ruling revoked the civil ruling of Shenzhen Futian District Peoples Court (2018) Yue 0304 MC 31009, and indicated that the case was under the jurisdiction of Shenzhen Futian District Peoples court.

According to Southern Metropolis Daily, in August 2019, Shenzhen Futian peoples court heard the case and made a first-instance decision, deciding that Ping An Group won the case. The defendants Chengdu haodoctor and Sichuan haodoctor Pharmaceutical Group violated the trademark right of Pingan haodoctor. The two defendants were sentenced to publish public statements and compensate the plaintiff Pingan group.

Chengdu good doctor and Sichuan good doctor Pharmaceutical filed an appeal to Shenzhen intermediate peoples court against the first trial decision of Futian court, but during the second trial, the two defendants voluntarily withdrew the appeal. So far, the judgment of Futian court came into force on March 30, 2020.

As of early June, Sichuan good doctor pharmaceutical industry has not published a newspaper to eliminate the impact. Ping An Group has responded that it has applied to Futian court for enforcement.

Where will trademark disputes go?

In fact, Sichuan good doctor and Pingan good doctor have registered trademarks of relevant categories.

Sichuan good doctor group started to apply for and register the trademark of good doctor from October 19, 1998. At present, there are 59 applications for the trademark of good doctor in various categories, 56 of which have been registered. Pingan good doctor is operated by Pingan Health Medical Technology Co., Ltd. since April 25, 2014, dozens of categories of Pingan good doctor trademark have been registered. It is understood that a good doctor in Sichuan not only complained about Ping An, but also about Dr. V of Guangzhou time mutual Internet technology company. Since its listing in 2018, the number of registered users of Ping an good doctor app has exceeded 300 million, the market value of the listed company with ping an good doctor as its abbreviation has exceeded 100 billion, and ping an good doctor has become a well-known ID of Ping An, if estimated by Goodwill, the value will not be low. In the future, how will ping an Hao doctor deal with trademark infringement? Is there any other plan? Good doctors said there was no information to respond to. Source: responsible editor of Securities Times: Wang Wenhua_ NF5982

Sichuan good doctor group started to apply for and register the trademark of good doctor from October 19, 1998. At present, there are 59 applications for the trademark of good doctor in various categories, 56 of which have been registered.

Pingan good doctor is operated by Pingan Health Medical Technology Co., Ltd. since April 25, 2014, dozens of categories of Pingan good doctor trademark have been registered.

Since its listing in 2018, the number of registered users of Ping an good doctor app has exceeded 300 million, the market value of the listed company with ping an good doctor as its abbreviation has exceeded 100 billion, and ping an good doctor has become a well-known ID of Ping An, if estimated by Goodwill, the value will not be low. In the future, how will ping an Hao doctor deal with trademark infringement? Is there any other plan? Good doctors said there was no information to respond to.