亚洲中文字幕日产无码2020,国产精品186在线观看在线播放,久久婷婷五月综合色99啪ak,国产精品麻豆aⅴ人妻

Trademark Infringement Case Between Jinsha Cellar Wine Company and Jinsha Gu Liquor Company, Jinsha Andi Dou Liquor Company, and Shandong Heidou Company

May 31, 2023

Spotlight: ★★★★★

Hearing authority: Shandong Provincial High People's Court

Cause of action: Trademark infringement and unfair competition dispute

Unitalen representative: Jinsha Cellar Wine Company (Appellant-plaintiff in the original trial)

Case brief

All parties filed an appeal. The defendant in the original trial Jinsha Andi Dou Liquor Company and Jinsha Gu Liquor Company, used the mark "金沙古沙(Jinsha Gusha)" on the liquor goods they produced and sold, and the appellee, Shandong Heidou Company, sold the above sued infringing goods. After hearing, the court of first instance held that the use of the mark "金沙古沙(Jinsha Gusha)" constituted trademark infringement. The defendant in the original trial was not satisfied, and appealed to Shandong High People's Court, arguing that: (1) the trademark "金沙回沙酒(Jinsha Hui Sha Jiu)" contained the name of the place "金沙(Jinsha)" and the generic name of a specific part of the brewing process, and was not distinctive; (2) the mark "金沙古沙(Jinsha Gusha)" was used properly, and Jinsha Cellar Wine Company had no right to prohibit; and (3) the trademark involved had become a geographical indication, and entered the public domain, which did not have the conditions for trademark protection. Shandong High People's Court held that: (1) the role of Jinsha Huisha liquor as a liquor trademark indicating the source of goods had been significantly greater than its popularity as a place name and the generic name of wine obtained in a specific part of the brewing process, and Huisha liquor as a liquor trademark had achieved a high degree of prominence through long-term use. (2) The use of the mark "金沙古沙(Jinsha Gusha)" was clearly beyond the descriptive use that described the source of the goods and the Jinsha production region and the corresponding brewing process, which was trademark use, and the defense of proper use was not established. (3) The trademark involved was a geographical indication and belonged to the public resource. The argument that it shall not be protected by the trademark law lacks legal basis.

Typical significance

The case fully discusses the distinctiveness of trademarks containing place names and generic names. The essence of whether a trademark is distinctive lies in whether it can play the role of identifying the source of goods, rather than just making a simple judgment on the form. Moreover, the court made a precise distinction between the use of the sued mark as trademark use, or fair descriptive use. Neither of the plaintiff and the court in the original trial of this case prohibited the defendant from properly using the place name "金沙(Jinsha)" and the corresponding generic name of the brewing process, but only required that the defendant shall follow the principle of honesty and credit when using the place name "金沙(Jinsha)" and the corresponding generic name of the brewing process in the case where the plaintiff already has been a well-known trademark, and should not infringe the prior rights of others. However, the defendant in this case obviously broke through the scope of fair descriptive use by highlighting and enlarging the sued mark, which constituted trademark use and trademark infringement. In addition, the goods with registered trademark being recognized as geographical indications does not ipso facto affect the exercise of the exclusive right of the registered trademark.

 

Keywords

主站蜘蛛池模板: 精品无码专区毛片| 欧美巨大xxxx做受中文字幕| 国产精品美女久久久久久2021| 国产精品无码av有声小说| 久久精品国产99精品最新| 中文字幕资源网| 无码av一区二区三区无码| 亚洲日韩欧洲无码av夜夜摸| 欧美激情精品久久久久久| 国模精品一区二区三区| 国产精品女主播在线视频 | 免费无码又爽又刺激高潮的动漫| 国产揉捏爆乳巨胸挤奶视频| 欧美日韩国产综合草草| 天天夜碰日日摸日日澡性色av| 在线看片免费人成视频播| 午夜亚洲乱码伦小说区69堂| 国产成人午夜福利在线播放| 5566先锋影音夜色资源站在线观看| 99人妻| 亚洲午夜未满十八勿入| 日韩欧群交p片内射中文| 国产精品青青草原免费无码| 麻豆果冻传媒精品一区| 夜夜高潮夜夜爽国产伦精品| 四虎影视精品永久在线观看| 久久国产精品亚洲艾草网| 蜜芽tv国产在线精品三区| 欧牲交a欧美牲交aⅴ| 高清无码免费视频| 无码日韩人妻精品久久| 亚洲欧美在线一区中文字幕| 亚洲制服无码一区二区三区 | 撕开?吸奶头?进| 中文字幕无码免费久久9一区9| 大香j蕉75久久精品免费8| 日本老熟妇乱子伦精品| 无卡无码无免费毛片| 人妻激情偷乱视频一区二区三区| 久久躁狠狠躁夜夜av| 色欲av亚洲一区无码少妇|