Guangdong, a company name contains ” WeChat ” Tencent sued infringement compensation 80 th

Guangdong an enterprise name " WeChat " Tencent v. infringement compensation 80 thousand yuan (original title: "Guangdong WeChat" against Tencent Panpei 80 thousand yuan) Nanfang Daily News (reporter Tang Meng correspondent Liu Yujing Zheng Zhengjian) a Foshan Internet service company with "WeChat" two characters in the name of the Tencent Inc to be in Shenzhen the court. Shunde court of first instance found that the company violated the trademark rights of Tencent Inc, and constitute unfair competition, the company refused to appeal to the Foshan intermediate people’s court. In October 31st, the author learned from the Foshan intermediate people’s court, the two trial has recently made final verdict, upheld, rejected the company’s appeal. Review the Tencent sued "Guangdong WeChat" claims million Guangdong WeChat Internet Services Limited (hereinafter referred to as the "Guangdong WeChat company") in January 2014 were registered in Foshan Shunde, the operating range of information transmission, software and information technology services. At the beginning of this year, the Tencent of science and Technology (Shenzhen) Co. Ltd. (hereinafter referred to as the "Tencent Inc") that Guangdong WeChat company will "WeChat" as the trade name registered in the name of the enterprise, and on its website, offices, foreign business activities and promote the use of "multiple promotion in WeChat word, WeChat Guangdong company and the relevant person, the company sued the Shunde court, requesting a judgment of the WeChat company in Guangdong to stop on the site, place of business use of the word" WeChat ", stop using the word" WeChat "in the company name and go through the formalities for alteration, and proposes 1 million yuan of economic losses and reasonable expenses. Shunde court of first instance that the WeChat company in Guangdong, highlighting the use of "Guangdong WeChat" violations of the Tencent Inc’s registered trademark, and ordered the company to stop WeChat Guangdong highlight the use of "Guangdong WeChat", WeChat of Guangdong, this decision did not appeal. At the same time, a verdict that the Tencent Inc "WeChat" a well-known commodity (service) special name, Guangdong WeChat company on the website and business sites included "WeChat" two word is the name of the enterprise, while Tencent WeChat visibility to subjectively, easy to make the mistake of consumers association between two companies constitute unfair competition. Accordingly, the court of Shunde, Guangdong WeChat company paid 80 thousand yuan to stop the use of WeChat’s name in its company name, and apply for name change procedures. Guangdong WeChat company refused to accept the verdict, appeal to the Foshan intermediate people’s court. Does the use of "WeChat" in the name of the focal point constitute unfair competition? Guangdong WeChat said the appeal, the company’s business scope for "software and information technology services, Tencent Inc is not registered in the forty-second types of" technology research, computer programming, design and other categories of trademarks, only in ninth, 38, 39 registered "WeChat and map" trademark, the former is the software services, the latter hardware goods, two belong to different categories. The normal use of the name of the company in Guangdong WeChat does not constitute unauthorized use of Tencent Inc’s well-known WeChat (goods) unfair competition behavior. According to the case of the collegiate bench, the enterprise name and trade mark are trademarks, the main function of the former is not to distinguish.相关的主题文章: