U disk is indispensable in today's information society. Kingston U disk is a well-known storage product, but the Kingston U disk you buy may be a "copycat" product. Recently, the People's Court of Wengyuan County, Guangdong Province has concluded 11 cases of trademark infringement disputes related to "Kingston USB flash disk" according to law. Figure 1 Registered trademark of Kingston Technology Co., Ltd. Figure 2 External packaging of the sued infringing USB flash disk Figure 3 External packaging of the sued infringing USB flash disk In the middle of October 2022, the plaintiff Kingston Technology Co., Ltd. sued several stores operating electronic products and mobile phone accessories in Shaoguan District to Wengyuan Court, requesting to stop trademark infringement and compensate for losses, and many defendants defended that they did not infringe the plaintiff's trademark rights. It is found that Kingston Technology Co., Ltd. has obtained the license to use the two registered trademarks "KINGSTON" and the illustration (Figure 1) according to the authorization, and has the right to file a lawsuit in its own name against the infringement of the license to use the two registered trademarks. It is confirmed that the sued infringing USB flash disk and the goods approved for use by the registered trademark involved are the same or similar goods. Compared with the registered trademark of Kingston Technology Co., Ltd. (Figure 1), the identification on the outer package of the sued infringing USB flash disk (Figure 2) is basically the same in terms of vision and composition; The English logo on the outer package of the sued infringing USB flash disk (Figure 3) is very similar to the "KINGSTON" registered trademark in terms of local composition, pronunciation of the main part, and overall visual effect; Compared with the registered trademark "KINGSTON", the letter "Kingston" logo on the sued infringing USB flash disk is very similar in composition, pronunciation and overall visual effect. Wengyuan Court held that the defendant sold the sued infringing USB flash disk without the plaintiff's permission, and used goods with the same or similar logo as the plaintiff's registered trademark on the same or similar goods, which is easy to cause confusion. The defendant's sales behavior has constituted an infringement of the plaintiff's registered trademark exclusive right, and should bear the corresponding civil infringement liability. Therefore, the defendant was judged to immediately stop selling the goods infringing the plaintiff's registered trademark exclusive right, And compensate for the corresponding losses. The judge reminded that in the past two years, various trademark infringement cases have increased year by year. In daily life, many operators are prone to infringe others' trademarks, mainly because of their weak awareness of intellectual property rights and lack of knowledge of law. Therefore, in conducting business activities, operators should follow the principle of honesty and credit, perform necessary examination or care obligations for the goods sold or services provided, and should not infringe the exclusive right of others to use registered trademarks. At the same time, when purchasing, operators should pay attention to whether the goods are obtained through formal and legal channels, and properly keep their purchasing contracts, invoices and other relevant information to prove their legal sources. In case of disputes, they can also safeguard their legitimate rights and interests to the maximum extent. In addition, in many trademark infringement cases, the price of the infringing goods is significantly lower than the price of the genuine goods, and the quality is also significantly different from the genuine goods. As a consumer, don't be greedy for small things. When you have doubts about the goods you buy,
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：chinacourt.org
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