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"品源" Trademark Infringement and Unfair Competition

Beyond Attorneys at Law (hereinafter referred to as the “Plaintiff”) sued Beyond (Tianjin) Science and Technology Co, Ltd (hereinafter referred to as the “Defendant”) for his trademark infringement and unfair competition. Heping People’s Court in          Tianjin accepted the case on February 22, 2013 and had dealt with it in accordance with pertinent laws.

 

Upon investigation, the Court affirmed that the Plaintiff enjoys the exclusive right to the registered trademark “品源 (Beyond in Chinese characters)”, and its business scope includes trademark registration, patent application, etc. The Plaintiff and the     Defendant are involved in the same industry. The Defendant’s use of “品源” constitutes the trademark infringement and unfair competition. After the Court hearing, the Defendant agreed to stop using “品源”.

 

The Plaintiff’s attorney claimed the trademark reputation is the basis to decide whether the Defendant constitutes                       infringement. Trademark reputation, with the intangible and dynamic characteristic, is a conceptual category of social              evaluation. Therefore, it is difficult to prove the reputation by itself, but it can be proved by the volume of business, ranking and other materials. In this lawsuit, the Plaintiff provides a great deal of evidential materials proving the public recognition.

 

When the State Administration for Industry and Commerce decides whether a trademark enjoys high reputation, the                protected records of previous infringement cases are essential. If a trademark is infringed for many times on purpose, it         could prove that the trademark is renowned and popular to the public. Practice has proven that a well-known trademark           always faces a great number of infringements. The less famous trademark will not be preferred by the infringers.