American Dow Corning v. Nakayama Michikone infringement-Iota

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News > Dynamic industry > American Dow Corning v. Nakayama Michikone infringement

American Dow Corning v. Nakayama Michikone infringement

Last year, American well-known enterprises Dow Corning company YizhisuzhuangjiangNakayama Michikone company to court, claims Nakayama Michikone "Dow Corning"trademark infringement. Recently, the City Second People's court after the verdict:Nakayama Michikone, a registered trademark infringement of the USA Dow Corning Corporation, compensation of 150000 yuan, and to stop the infringing act.

Plaintiff: Nakayama Michikone trademark infringement

In 2014, American Dow Corning Corporation to the City Second People's court saidNakayama Michikone's use of "Dow Corning" name, production and sales of siliconeresin, silicone oil sales, registered the domain name "www. Chinese China Dow Corning.Com", "www.dakanning.com" and "www. Dow Corning. Chinese "web site, and the use of" Dow Corning "and the" daokanning "logo on the site, referred to as" the use of Dow Corning Corporation "conduct propaganda, product like America Dow Corningand sealing materials, and the use of propaganda and the Dow Corning Corporationtrademark similar trademarks in the website, so that consumers misunderstand the defendant Nakayama Michikone is the company Dow Corning Corporation or a specific contact with the plaintiff.

At the same time, the plaintiffs also think, mark Nakayama Michikone, used in theproduction of products with the registered trademark of the Dow Corning Corporation is very close, the use of the trademark belonging to the defendant Shao moumou. The defendant's factory (a pseudonym) as the defendant Shao Moumou personal investment of a sole proprietorship enterprise. Therefore, the three defendants infringed trademark of the plaintiff company Dow Corning, and constituted unfair competition. Then the request shall order: the prohibition of the use of "Dow Corning" in the name of Nakayama Michikone in an enterprise name, enterprise name change order, immediately stop acts of unfair competition propaganda to mislead consumers, and stop all other tort, and compensation for economic loss of 51 yuan.

Defendant: the name of the enterprise to come through

"The three defendants did not infringe the plaintiff's trademark of Dow Corning Corporation, and does not constitute unfair competition, should not bear the notary feesand litigation costs", the defendant Nakayama Michikone, Xingtai company factory, ShaoMoumou argued in court, Zhongshan, Xingtai Dow Corning mills are legally registered company, registered and Shaw the "DAOKANING" trademark, four international domain name and the Dow Corning Corporation that are legally registered. At the same time, the three defendants also argued that the plaintiff, Nakayama Michikone and Dow Corningproducts are not the same kind of products, and the three defendants had no right to any infringement of the plaintiff company Dow Corning Dow Corning Corporation behavior,the request to dismiss the plaintiff's claim.

In addition, the defendant Shao Moumou submitted to the court a Nakayama Michikonecompany name the reason that, in the description, Shao Moumou said the name of the enterprise is to learn, to predict the corporate name, combined with corporate face palm,gossip, Liu Yao and Feng Shui numerology, named.

Verdict: Nakayama Michikone stop infringement

City Second People's court held that, because the company violated the Nakayama Michikone Corning's legitimate rights and interests, it shall bear the corresponding liability for damages, including Dow Corning Corporation economic losses and reasonable expenses paid for stopping the infringement. The nature, circumstances, business scale,the brand reputation and other factors combined with the Nakayama Michikone company for infringement, taking into account the Dow Corning Corporation for the notary, lawyerin the actual situation of litigation, judgment Nakayama Michikone Corning companycompensation for economic loss of 150000 yuan, the defendant Shao Moumoudefendant Nakayama Michikone shall assume the joint and several liability; siliconeproducts Co. Ltd. since the the entry into force of the judgment within thirty days from the date of cessation in its corporate name, domain name, web site use ",".

"Yi" the name validity?

City Second People's court held that, "Dow Corning Dow Corning" trademarks belong toarbitrary trademark, and has high visibility in the market, and Nakayama Michikone,though the "Dow Corning" as the company name from the perspective of Yi was explained, but the interpretation of the lack of "rationality," as the company name.Nakayama Michikone company and Dow Corning silicone products are engaged in thebusiness, Nakayama Michikone company and Dow Corning has been used and haswritten some famous trademark as company name, easy to make the publicmisunderstanding, which may damage the legitimate rights and interests of Dow Corning corporation. Therefore, Nakayama Michikone's actions constitute unfair competition, tostop the infringement, liability for damages.

In this case the trial judge said at the same time, because the Dow Corning is a well-known global enterprises, and set up earlier, and the defendant and the plaintiff isestablished and are engaged in silicone rubber products business, so the defendantprovided through easy calculation: evidence is insufficient to prove the suspect did notride, so inadmissible.