The transferee, knowing that the trademark was maliciously registered, still used it in the same market with the purpose of gaining the goodwill of others, and filed a reverse complaint, causing obvious confusion among consumers. In the absence of clear provisions in China's Trademark Law on whether the subject of malicious trademark registration should bear liability for infringement or unfair competition, the Shaanxi Provincial High People's Court adheres to the principle of thoroughly exploring the civil liability dispute case of unfair competition caused by the malicious trademark registration and acquisition behavior. The case comprehensively and comprehensively escorts the implementation of the enterprise's trademark brand strategy. It has become the first civil liability case in the country to judge the assignee of malicious trademark registration to bear unfair competition, and has important reference value. On the basis of achieving fair trial and effective interaction with administrative regulatory departments, it provides demonstration guidance for the coordinated promotion of judicial trial and administrative law enforcement. Another spring brings benefits. By the banks of the Qujiang Pond, the willows are green and full of spring. "The Shaanxi High Court took the initiative to operate the enterprise with integrity and fairness, and also maintained our reputation for many years." Recalling the scene when we received the second trial verdict, the person in charge of a company in Nanjing felt warm like spring. Previously, the second instance of a dispute over unfair competition between a company in Nanjing and a technology company in Xi'an and a company in Xi'an was unsuccessful. The Shaanxi High Court ruled in the second instance that the second appellant should stop using the unfair competition behavior marked with the word "Moubei"; A company in Xi'an has stopped using a company name containing the words "Moubei" and issued a statement to eliminate any adverse effects; The two appellants jointly compensated a company in Nanjing with an economic loss of 200000 yuan. What exactly is the origin of this case? What professional skills and wisdom tests have the Shaanxi High Court case handling team gone through? Case initiation: Malicious registration buries hidden dangers. "A trademark is an external representation of a company's image, reflecting its reputation and competitive advantage, and is closely related to the survival and development of the company." Cui Ronghua, a representative of the National People's Congress and Secretary of the Party Committee and Chairman of Century Ronghua Investment Holding Group Co., Ltd., deeply understands this. In recent years, malicious registration and hoarding of trademarks have become common. Some illegal enterprises do not think about how to "create famous brands", but instead have a crooked mentality of "free riding" and "leaning against famous brands". Some even try to steal the business results of others through unfair competition, seriously damaging the legitimate rights and interests of brand enterprises and disrupting the market economic order. The plaintiff in this case, a certain company in Nanjing, registered the "Moubei" enterprise name to operate motor vehicle driving training and other projects in 2006. From 2012 to 2014, they successively registered and launched the "Moubei Driving Test" operating website and multiple mobile applications called "Moubei" or "Moubei Driving Test". The website has accumulated over 238 million visitors and mobile software downloads, respectively, and has a high reputation in the industry. In 2014, a Shanghai company that hoarded a large number of trademarks maliciously registered the "Moubei" trademark, which brought huge hidden dangers to the business planning of a Nanjing company. In 2021, a technology company in Xi'an acquired the "Mobei" trademark and the "Mobei Driving Test Encyclopedia" application software from a company in Shanghai after short-term operation and removal of a driving test software, and authorized the Xi'an company it held to exclusively license the use. A company in Xi'an immediately went online
Edit：Jia jia Responsible editor：Yi Yi
Source：http://rmfyb.chinacourt.org
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