stakebaccarat| "Xiaomi Pai" trademark hits the face "Xiaomi" second-hand air conditioner labeling imitates "Midea"
Guangdong market supervision department announces typical cases of intellectual property law enforcement
To maintain a good environment for innovation and development, Guangdong's market regulatory authorities have continuously increased the enforcement of intellectual property rights and made every effort to carry out the "iron fist" operation to investigate and handle cases in the field of people's livelihood. On May 21, the Guangdong Province Market Supervision Bureau announced a number of typical cases of intellectual property law enforcement. Among them, the infringement cases of well-known brands Xiaomi and Midea have attracted attention.
[Case 1]
According to a complaint from a Guangdong law firm entrusted by the rights holder Xiaomi Technology Co., Ltd., the Shenzhen Municipal Market Supervision Bureau filed an investigation into a Shenzhen e-commerce company, a Shenzhen trading company, and a Shenzhen trading company in August 2021. After investigation, the three parties sold tablets in the Tmall store they operated all contained the words "Xiaomi Pai" in the titles, which was an act of using trademarks similar to their registered trademarks on similar products. In February 2023, the rights holder filed a civil lawsuit against three parties. The Shenzhen Intermediate People's Court adopted the platform's electronic sales data extracted by the Shenzhen Municipal Market Supervision Bureau, calculated the compensation amount based on a 30% profit margin and a 50% trademark contribution rate, and determined that the parties are malicious infringement of the trademark rights of others, and if the circumstances are serious, punitive damages of twice the amount awarded will be imposed.
The above three parties violated the relevant provisions of the Trademark Law of the People's Republic of China and the Company Law of the People's Republic of China, constituting trademark infringement and using the company's name to engage in serious illegal acts that endanger social and public interests. In May 2023, the Shenzhen Municipal Market Supervision Bureau imposed administrative penalties such as fines and revocation of business licenses on three parties in accordance with relevant regulations.
[Case 2]
In May 2023, the Market Supervision Bureau of Nanhai District of Foshan City inspected a certain refrigeration equipment company in Guangdong based on a report from the rights holder and found that the company purchased a batch of second-hand repaired air conditioners and entrusted others to make "Mede xin"(Editor's Notestakebaccarat: Midea's brand logo is "Midea") Relevant logos and cartons with "Mede xin" logo. Remove the original logos on the above-mentioned second-hand repaired air conditioners and then affix the above logos. Use the carton with the above logos to package the air conditioners and sell them as new products. It was found that the parties involved used a trademark similar to its registered trademark on the same commodity without the permission of Trademark Registering Renmei Group Co., Ltd., which may lead to confusion. The party concerned has not yet sold the above-mentioned air conditioner with the "Mede xin" logo, and the illegal business amount is 278401 yuan. The party concerned purchased a second-hand repaired air conditioner for simple processing and then sold it as a new air conditioner. The above-mentioned new air conditioner belongs to the counterfeit and shoddy goods referred to in the "Regulations of Guangdong Province on Investigation and Punishment of Illegal Activities in the Production and Sales of Counterfeit and Inferior Goods."
The party concerned violated the relevant provisions of the "Regulations of Guangdong Province on Investigation and Punishment of Illegal Activities in the Production and Sales of Counterfeit and the" Trademark Law of the People's Republic of China ", constituting trademark infringement and the production and sales of counterfeit and shoddy goods. The Nanhai District Market Supervision Bureau of Foshan City imposed administrative penalties on the party concerned of confiscation of the infringing goods and fines.
