商标侵权

Search documents
《绝区零》伤了员工的心,远景能源把米哈游告了
3 6 Ke· 2025-06-16 09:57
Core Viewpoint - The lawsuit between Envision Energy and miHoYo highlights the conflict between a real-world company and a fictional game character, raising concerns about brand reputation and trademark rights in the gaming industry [1][2][3]. Group 1: Lawsuit Details - Envision Energy has filed a lawsuit against miHoYo for a character named "Envision Company" in the game "Honkai: Star Rail," claiming it closely resembles their name and logo, causing reputational damage [2][10]. - The character in the game is depicted negatively, engaging in unethical practices such as cost-cutting and violent demolition, which Envision Energy argues harms its public image [10][11]. - Envision Energy attempted to resolve the issue through communication with miHoYo but was unsuccessful, leading to the formal lawsuit for online infringement [3][9]. Group 2: Trademark and Competition Issues - In addition to the lawsuit against miHoYo, Envision Energy has also sued Envision Investment Group for trademark infringement and unfair competition, indicating a broader concern over brand protection [5][13]. - Envision Energy has a significant portfolio of registered trademarks, with 378 registered and 127 pending, while Envision Investment has also registered multiple trademarks, leading to potential confusion in the market [14][16]. - The conflict is exacerbated by the fact that both companies operate in overlapping sectors, particularly in renewable energy, which could lead to competitive disadvantages for Envision Energy [16][18].
10块钱买一条“中华”?低价茶打擦边球仿香烟售卖
Xin Jing Bao· 2025-06-15 07:28
Core Viewpoint - The article highlights the issue of tea products being sold in packaging that closely resembles well-known cigarette brands, particularly "中华" (Zhonghua), which raises concerns about consumer deception and potential legal violations related to trademark infringement and misleading advertising [8][20][21]. Group 1: Product Description and Consumer Experience - The tea products are packaged in boxes that mimic the appearance of cigarette brands like "中华," "荷花," and "南京," with prices around 10 yuan or 9.9 yuan per package [4][6][19]. - Consumers have reported confusion and disappointment upon receiving the products, as they expected cigarettes but received tea instead, leading to negative reviews and claims of being misled [4][10][15]. - The tea quality has been criticized, with industry experts stating that the products do not meet the standards of the advertised types, such as "肉桂" (Rougui) and "大红袍" (Da Hong Pao) [22][24]. Group 2: Legal and Regulatory Concerns - Selling cigarettes online is illegal under Chinese law, and the use of similar packaging for tea products may constitute trademark infringement and unfair competition [8][20][21]. - The packaging of the tea products is argued to infringe on the trademark rights of "中华" cigarettes, as the design and branding are closely associated with the well-known cigarette brand [20][21]. - Legal experts suggest that the tea products' packaging could mislead consumers and harm the reputation of the "中华" brand, potentially leading to legal action [20][21]. Group 3: Market Implications - The article indicates a growing trend of using deceptive marketing practices in the tea industry, where low-quality products are sold at low prices, often misleading consumers [22][24]. - The presence of such products in the market raises concerns about consumer protection and the integrity of e-commerce platforms, as they may facilitate the sale of counterfeit or substandard goods [22][24]. - The situation reflects broader issues within the tea industry regarding quality control and the need for better regulation to protect consumers from misleading practices [22][24].
保护商标权利人合法权益,7件行政执法典型案例公布
news flash· 2025-06-10 02:17
Core Viewpoint - The article highlights the ongoing efforts by market regulatory authorities in China to protect intellectual property rights, particularly focusing on trademark infringement cases, with significant actions taken against violators in various regions [1]. Group 1: Trademark Infringement Cases - In March 2024, the Jiangsu Province market regulatory authority investigated a case involving Suzhou Kaidong Clothing Accessories Co., which was found to be selling products infringing on the "YKK" trademark, leading to a criminal referral due to the severity of the case [2][3]. - The Shanghai Yangpu District market regulatory authority imposed a fine of 660,000 yuan on Shanghai Aidojun Cultural Communication Co. for facilitating trademark infringement by promoting counterfeit products on an internet video platform [4][5]. - The Guangdong Province market regulatory authority seized 3,448 boxes of counterfeit "Kayou" anime card products and imposed penalties on 12 individuals involved in the infringement [6][7]. - The Shandong Province market regulatory authority investigated a case involving a clothing studio that produced counterfeit "ERDOS" cashmere products, leading to a criminal referral due to the nature of the violations [8][9]. - The Shanxi Province market regulatory authority uncovered a scheme involving Shanxi Mingjia Paper Industry Co. that produced counterfeit "Vinda" sanitary products, with a total value of over 3.12 million yuan in infringing goods [10][11]. Group 2: Regulatory Actions and Strategies - The regulatory authorities are employing advanced methods, including cross-regional collaboration and the use of technology, to effectively combat trademark infringement and protect intellectual property rights [9][13]. - The article emphasizes the importance of cooperation between regulatory bodies, trademark owners, and online platforms to enhance the efficiency of enforcement actions against counterfeit products [5][12]. - The case involving malicious trademark registration by He Mousheng highlights the challenges of combating trademark squatting, with 102 trademarks registered without intent to use, showcasing the need for stricter regulations [12][13].
遭遇商标“碰瓷”,蜜雪冰城获赔80万元+登报声明!
2 1 Shi Ji Jing Ji Bao Dao· 2025-06-05 07:15
Core Viewpoint - The "MIXUE" brand has successfully won a trademark infringement case against "MINIANXUE," resulting in a compensation of 800,000 yuan for economic losses and 140,000 yuan for reasonable expenses [2][8]. Group 1: Case Background - The case involves a trademark infringement and unfair competition lawsuit filed by MIXUE against Inner Mongolia MINIANXUE, which registered the "MINIANXUE" trademark and allowed others to use it for selling beverages [3][5]. - MIXUE claims that the actions of Inner Mongolia MINIANXUE and its franchise stores constitute trademark infringement and unfair competition, seeking to stop the infringement and eliminate its impact through public announcement [3][7]. Group 2: Court's Findings - The court determined that "MIXUE" and "MINIANXUE" are similar enough to cause confusion among the public, especially given the use of similar colors in store signage and decor [5][6]. - The court noted that the public could easily misinterpret the relationship between the two brands due to the high degree of similarity in the main identifying parts of the trademarks [6][7]. Group 3: Legal Proceedings and Outcomes - The first-instance court ruled in favor of MIXUE, ordering Inner Mongolia MINIANXUE to cease its infringing activities and pay compensation totaling 940,000 yuan [8]. - Inner Mongolia MINIANXUE appealed the decision, but the higher court upheld the original ruling, confirming the findings of trademark infringement and unfair competition [8][9]. Group 4: Previous Disputes - This is not the first legal dispute between MIXUE and Inner Mongolia MINIANXUE; in 2023, Inner Mongolia MINIANXUE had previously filed an administrative lawsuit regarding the invalidation of its trademark, which was ruled against by the Beijing Intellectual Property Court [9][10].
亚马逊对标题出手?这些词汇有暴雷风险,卖家注意排查!
Sou Hu Cai Jing· 2025-05-20 14:45
Core Viewpoint - Amazon is planning to change its product title structure to a two-part format to enhance clarity and visibility for consumers, making it easier to find and understand products [1][2]. Title Structure Changes - The new two-part title structure will consist of: 1. A clear and concise title focusing on essential identification elements such as brand, product type, model/style, flavor, size, and variations [2]. 2. A section highlighting product features, unique advantages, and competitive edges [2]. - This change aims to improve visibility compared to traditional lengthy titles, allowing for better search precision and product understanding [2]. Compliance Issues - Sellers must adhere to compliance rules, including: 1. Product names must not exceed 200 characters [2]. 2. No promotional phrases like "free shipping" or "100% quality guaranteed" are allowed [2]. 3. Special characters are prohibited unless part of the brand name [2]. 4. Words and phrases cannot be repeated more than twice, with exceptions for prepositions, articles, and conjunctions [2]. 5. Product names must contain sufficient information for clear product description [2]. Trademark Infringement Risks - Sellers should be cautious of trademark infringement, especially with commonly used terms that may lead to unintentional violations [4]. - Examples of terms at risk include "Sticky Hands" and "Magic sofa covers," both of which have pending trademark registrations [6][9]. - Successful trademarks include widely used terms like "durable" and "Summer," which could lead to infringement complaints if used without caution [10]. Recommendations for Sellers - Conduct thorough trademark searches to avoid using others' trademarks, even common terms [11]. - Stay updated on trademark registration statuses to modify listings if necessary [11]. - Register own brand trademarks to protect against infringement [11]. Conclusion - Amazon's title adjustment presents an opportunity for small and medium-sized sellers to enhance visibility, but compliance and trademark issues must be carefully managed to avoid penalties [12].
“胖都来”,不能都这么来
3 6 Ke· 2025-05-13 02:29
Core Viewpoint - The "胖都来" incident highlights the importance of intellectual property awareness and may serve as a cautionary tale for businesses regarding trademark infringement and brand confusion [1][12]. Group 1: Incident Overview - On May 1, 2025, a shopping mall named "胖都来" opened in Haining, Zhejiang, attracting significant online attention due to its name's similarity to the well-known retail brand "胖东来" [2][3]. - The opening event featured several celebrities, including Zhao Liang and Ye Xuan, who recorded congratulatory videos that were played at the venue, further amplifying public interest [2][3]. - The name "胖都来" was quickly criticized for its resemblance to "胖东来," leading to widespread discussions about trademark infringement and consumer confusion on social media [2][3]. Group 2: Legal Response - In response to the controversy, "胖东来" collected evidence and filed a complaint with the market supervision administration, asserting that "胖都来" constitutes trademark infringement and unfair competition [2][3]. - "胖东来" emphasized its established brand identity, which has developed over nearly 30 years, and argued that the similarity in names could mislead consumers [3]. Group 3: "胖都来" Defense - "胖都来" defended its name by stating that "胖" symbolizes abundance and prosperity, while "都" is derived from the chairman's surname, asserting no direct connection to "胖东来" [4]. - Despite this explanation, public skepticism remained, with many pointing out similarities in logo design and marketing strategies, suggesting an intent to mimic "胖东来" [4][5]. Group 4: Trademark Registration Status - As of May 11, 2025, "胖都来" had not successfully registered its trademark, with applications still pending substantive examination [5][6]. - The trademark applications were filed by Zhejiang Yitao Clothing Co., Ltd., which holds an 80% stake in "胖都来," but the likelihood of successful registration appears low given the ongoing controversy [5][6]. Group 5: Regulatory and Social Media Impact - Following the incident, Douyin (TikTok) suspended "胖都来"'s account for violating community guidelines, indicating the broader implications of the controversy on social media presence [7]. - Local regulatory authorities in Zhejiang have initiated investigations into the matter, reflecting the seriousness of the allegations and the potential for regulatory scrutiny [7]. Group 6: Celebrity Involvement - Celebrities involved in promoting "胖都来" faced backlash, with Zhao Liang publicly apologizing for any misunderstandings caused by his participation, clarifying that he had no commercial ties to the brand [8][12]. - The incident has prompted discussions about the responsibilities of public figures in commercial endorsements and the need for due diligence to avoid controversies [12].
浙江“胖都来”被“胖东来”投诉寄律师函!监管部门称正调查
Nan Fang Du Shi Bao· 2025-05-07 13:24
近日,浙江嘉兴海宁新开业的卖场"胖都来"因与知名零售企业"胖东来"名称相似,陷入舆论风波。曾为 其站台并录制祝贺视频的明星赵亮随后致歉,称"没有任何商业合作或代言行为"。"胖东来"也公开发声 称"已给对方邮寄律师函"。5月7日,海宁市市场监管局工作人员向南都记者表示,"已注意到相关争 议,正在调查中。" 6日,有网友拍摄现场视频显示,"胖都来"卖场外悬挂的明星祝贺标语已被撤下。南都记者发现,"胖都 来"官方账号目前已查询不到明星祝贺合集视频,但仍在更新其他动态以吸引客流。7日,南都记者拨 打"胖都来"卖场多个公开电话均无法接通。 据国家知识产权局商标局,浙江胖都来商业管理有限公司股东之一浙江艺淘服饰有限公司,于1月22日 申请了18个"胖都来""淘都来"注册商标,目前均处于"等待实质审查 "状态。 "胖都来"卖场。 采写:南都记者 冯奕然 实习生 王岑 5月1日,"胖都来"卖场正式开业。其官方账号发布了演员叶璇、赵亮、丁勇岱、主持人刘仪伟等多位明 星录制的祝贺视频合集,叶璇也去到了开业活动现场并发言。卖场外墙悬挂了大量明星祝福标语。这热 闹的阵势引来了不少质疑,"胖都来"名称被指碰瓷"胖东来",有侵权嫌疑。 ...
关于商场的命名问题,浙江“胖都来”商场负责人最新回应!
Mei Ri Jing Ji Xin Wen· 2025-05-05 13:57
Core Viewpoint - The opening of a new shopping mall named "胖都来" in Zhejiang has sparked controversy due to its similarity to the well-known brand "胖东来," leading to accusations of trademark infringement and consumer confusion [1][4]. Group 1: Mall Overview - The "胖都来" shopping mall covers a significant area with two sections, A and B, and primarily sells clothing and daily necessities sourced directly from nearby factories, allowing for competitive pricing [2]. - The mall's total property scale is approximately 300,000 cubic meters, including a 50,000 cubic meter experiential shopping center, a 30,000 cubic meter exhibition center, and a 20,000 cubic meter live streaming base. A second phase of 30,000 square meters for a smart commercial complex is expected to open in October [2]. Group 2: Trademark Controversy - The "胖东来" brand has officially responded to the naming of "胖都来," stating that they have filed a complaint with local market supervision authorities and sent a lawyer's letter to "胖都来" [3][4]. - Legal experts suggest that the name "胖都来" may constitute trademark infringement and unfair competition due to its close resemblance to "胖东来," which could confuse consumers regarding the relationship between the two entities [4].
外媒:涉嫌虚假广告、不正当竞争 任天堂起诉配件制造商 Genki
Huan Qiu Wang· 2025-05-04 02:10
Core Viewpoint - Nintendo is suing accessory manufacturer Genki for allegedly revealing details about the Switch 2 console before its official release, claiming trademark infringement, false advertising, and unfair competition [1][3][4] Group 1: Legal Actions - Nintendo has filed a lawsuit against Genki, accusing the company of trademark infringement, false advertising, and unfair competition related to its planned sales of accessory products for the Switch 2 [1][3] - The lawsuit was prompted by Genki's claims of having a "replica" of the Switch 2 before its official announcement, which included features consistent with leaked information about the console [3][4] Group 2: Events Leading to the Lawsuit - In January, during CES 2025, Genki made headlines by claiming to have a physical replica of the Switch 2, which led to a confrontation between Nintendo's legal team and Genki at the event [3] - Following discussions with Nintendo, Genki closed its booth at CES just before the event concluded [3] Group 3: Specific Allegations - Nintendo alleges that Genki's CEO Eddie Tsai engaged in actions on social media that infringed on Nintendo's trademark rights, particularly in promoting Switch 2 accessories [4] - The lawsuit highlights that Genki released a promotional video on April 2, coinciding with Nintendo's announcement of the Switch 2's release date, which Nintendo claims was a deliberate act of false advertising [4]
“胖都来”开业,现场有知名明星参与,员工:没有刻意模仿!胖东来:已发律师函
新浪财经· 2025-05-04 02:08
5月2日晚间,"胖东来向胖都来寄律师函"话题一度登上微博热搜第二位。 浙江胖都来卖场开业 活动现场有女明星参与 5月1日,浙江胖都来卖场在其账号发布了开业视频,活动现场有女明星参与。该账号此前发布的视频中,也有多位明星艺人送上祝福。主页信 息显示,该卖场位于嘉兴市海宁市,地理位置接近杭州市。 5月1日,浙江嘉兴一家名为胖都来的卖场举办开业活动。因其名称与品牌胖东来相似,引发争议。2日,胖东来方面回应称,已经取证并向对方 邮寄律师函。 PANG D U LAI YINGZHONG HOLDIN 搜索 奧特 著名艾演员、制片人 咱们这个胖都来 764 不少网友直言胖都来"东施效颦""山寨的味道"。 浙江胖都来卖场开业(截图自卖场社交账号视频) 浙江胖都来卖场(截图自卖场社交账号视频) 胖东来:已发律师函 胖都来工作人员:没有刻意模仿 有网友发现,胖东来账号留言称,感谢大家对胖东来的关注和反馈,关于"胖都来",他们已经取证并向市场监督管理局提交投诉书,也给"胖都 来"公司成功邮寄了律师函。 胖东来方面会持续跟进此事,有阶段性的结果也会通过他们的账号进行公示。 据极目新闻报道,记者联系到许昌市胖东来超市有限公司。 办 ...