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有著作权发售游戏数字盲盒仍被判赔20万,江宁法院:属于商标侵权
Yang Zi Wan Bao Wang· 2025-11-06 13:01
Core Viewpoint - The court ruled in favor of Shengqu Games in a trademark infringement case against a digital collectible blind box seller, ordering the defendant to cease infringement and pay 200,000 yuan in damages for unauthorized use of the "Legend of Blood" trademark [1][2] Group 1: Legal Proceedings - The Nanjing Jiangning Economic and Technological Development Zone People's Court found that the defendant's use of the "Legend of Blood" registered trademark constituted infringement, leading to a ruling for Shengqu Games [1] - The defendant had marketed a digital collectible blind box claiming to be "officially authorized" by "Legend of Blood," which sold out 10,000 units without proper licensing from Shengqu Games [1] Group 2: Intellectual Property Rights - The court clarified that copyright and trademark rights are distinct forms of intellectual property, with copyright authorization limited to the reproduction, adaptation, and distribution of the game itself, not extending to commercial use of registered trademarks [2] - The defendant's reliance on copyright authorization from the IP holder of "Legend" was deemed insufficient for using a trademark that closely resembled Shengqu Games' registered mark, thus exceeding reasonable boundaries of copyright authorization [2]