Exclusive copyright case

Case of counterfeiting "Arowana" edible oil

From July, 2004 to September, 2005, Cheng X-xiong and Cheng X-zhong produced counterfeit "Arowana" edible oil (sold with counterfeit labels) without approval, and the production and sales value reached 654.38+0.45 million yuan. On February 2, 2006 1 day, Dongguan People's Court sentenced Cheng Xxiong and Cheng X to three years and six months' imprisonment respectively, and fined them 50,000 yuan, fixed-term imprisonment1year and six months, and fined them 20,000 yuan.

In this case, the defendant manufactured and sold counterfeit well-known products, and the quantity was huge, which had criminal elements, so the court investigated his criminal responsibility.

The case of selling pirated audio-visual products such as Wuji.

On July 3rd, 2006 1 10 pieces (boxes) of suspected pirated audio-visual products, including "The Promise" and "Riding a Thousand Miles with Seven Swords", were seized by the Municipal Cultural Market Comprehensive Law Enforcement Brigade in an audio-visual products store in Dongguan. After investigation, it was confirmed that Yuan Mou, the right holder, knew that the pirated audio-visual products were infringing, but he still sold them, infringing the legitimate rights and interests of the copyright owner. The administrative department of culture shall order it to stop its illegal acts, confiscate its illegal audio-visual products and revoke its business license for audio-visual products. Trademark infringement case of "country", "nation" and "Panasonic"

On June 30, 2006, the Municipal Administration for Industry and Commerce seized a number of "National", "Pan Sound", "Pan Sound" and "SQN-NY" brand radios that entrusted others to process registered trademarks. The Municipal Administration for Industry and Commerce held that the party concerned had infringed the exclusive right to use a registered trademark, ordered it to stop the infringement immediately and imposed a fine of 50,000 yuan.

Infringed patent case of wire connector

Dongguan Moshi Connector Co., Ltd. filed a patent application for utility model "Line Connector II" with China National Intellectual Property Administration in September, 20001,and obtained the patent right in August, 2002. In 2005, the company found that a terminal product factory in Chang 'an, Dongguan and an electronic company in Dongguan manufactured and sold line connector products without permission, which infringed their patent rights.

The Guangdong Provincial Intellectual Property Office believes that the two products produced and sold by the respondent have entered the protection scope of the applicant's patent. Therefore, the actions of a terminal product factory in Chang 'an, Dongguan and an electronic company in Dongguan constitute infringement.

Infringement of "automatic ticket checking" invention patent case

In April 2004, Wang obtained the invention patent of "automatic entry method and system for counter tickets". In 2005, without authorization, he found that the system used in the process of selling bulk commodities in more than ten shopping malls such as "Gong Ming Store of a Department Store" and "Huangjiang Store of a Department Store" operated by a company in Dongguan was consistent with its invention patents. Wang then asked the Guangdong Intellectual Property Office to investigate and deal with the infringement.

The Guangdong Provincial Intellectual Property Office has repeatedly called the two sides to mediate and reached a settlement agreement in April this year. The respondent paid the patent license fee to the applicant Wang and obtained the authorization to exploit the patent in the form of general license.

Infringement of "Zhongyu" famous trademark case

In 2005, Guangdong Zhongyu Telecom Chain Co., Ltd. sued an industrial company in Shenzhen for trademark infringement. It is said that the company's wholesale "Zhongyu" brand mobile phone toys are printed or affixed with the "Zhongyu" trademark in conspicuous places.

The court finally ruled that the plaintiff's trademark was a well-known trademark, so it was protected across categories. A company in Shenzhen constitutes an infringement of the plaintiff's trademark right. The judgment of this case initiated the judicial determination of well-known trademarks by Dongguan People's Court. In the future, if the trademark involved has been recognized as a well-known trademark, and the other party recognizes that the trademark can continue to be a well-known trademark, the court will not examine it and directly protect it as a well-known trademark.

Infringe on the name and trademark of Cathay Pacific.

The plaintiff Guangdong Guotai International Travel Service Co., Ltd. is a well-known local enterprise, and its trademark "Guotai Guotai Guotai" was awarded as a famous trademark in Guangdong Province in 2003. The "Guotai Building" developed by Dongguan Guotai Building Development Co., Ltd. and other units has a large banner billboard that says "Guotai Center", and there are also "Guotai Center Management Office" and "Guotai Center Sales Office" in the building. The plaintiff believes that the name of "Guotai Building" and the plaintiff's registered trademark have caused confusion and misunderstanding among the public, which constitutes infringement and unfair competition. The court ordered the defendant to immediately stop using the word "Guotai" on the external wall of the building and compensate the plaintiff for 500,000 yuan.

"He Ming" unfair competition case

Dongguan Xianghe Company and its legal representative are Huang, the registrant of the registered trademark of Electronic Plaza. Registered Dongguan Tangxia computer wholesale market, jointly operated by Huang, Li and Lin. In March, 2006, Li Helin began to build another computer market "Da Lang Branch of Senda Computer City".

Huang, the plaintiff, believes that the words used by the defendant's computer city infringe the plaintiff's trademark right, the enterprise name right of the two computer cities opened by the plaintiff and the plaintiff's commercial reputation, which constitutes unfair competition. The court held through trial that the defendant did not constitute trademark infringement, but his behavior was unfair competition.

Case of infringement of exclusive copyright in Old Master Q.

Jilin Photography Publishing House, the plaintiff, claimed that it "enjoyed the exclusive publishing rights of cartoons such as Old Master Q and Old Master Q War Dream in Chinese mainland", while Yu Mou, a bookseller in Dongguan, and others sold pirated books such as Old Master Q, which infringed the plaintiff's exclusive publishing rights, so more than 40 people (or units) such as Yu Mou were sued to the Dongguan People's Court. The court held that the books such as Old Master Q sold by the defendant Yu were not published by Jilin Photography Publishing House and were illegal publications. The defendant's sales behavior constitutes a "distribution behavior" in the sense of copyright law (that is, the act of providing the original or duplicate of the work to the public), so the defendant's behavior infringes the plaintiff's exclusive publishing right and should bear the legal responsibility of stopping the infringement and compensating for the losses according to law.