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Zhilin wins the Infringement Litigation of the Right to Exclusive Use of a Registered Trademark and Unfair Competition Time:2019-02-02 Hits:818

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In daily life, many registered trademarks are registered as business names by others, and the Industrial and Commercial Administrative Departments generally consider whether the name is duplicated in the region. This kind of behavior often succeed, and the trademark owners are angry and helpless. Prosecution? At present, for most cases, the court usually support compensation for loss, there are few cases to be supported by the court whether the infringer must change the business name.

Recently, Zhilin’s lawyer, Mr. Zhigang Zhang, successfully won a case of trademark infringement and unfair competition.The Nanchang Intermediate People's Court of Jiangxi Province has made the first instance judgment: the defendant shall immediately stop the infringement of the right to exclusive use of the registered trademark, immediately stop using the business name containing the word "XXX", and compensate for the economic losses and other reasonable expenses.

This case involves the defendant using other people's registered trademarks as their own business name, and the business name has been registered with the Industrial and Commercial Administrative Department, and the defendant has operated their business using the business name for many years. Under this circumstance, whether the defendant still constitutes the infringement of the right to exclusive use of the registered trademark and unfair competition, and whether the plaintiff has the right to request the defendant to stop the infringement and change the business name?

The plaintiff owns the registered trademark of "XXX" and the products enjoy a high reputation at domestic and overseas. After investigation, the plaintiff found that the registered trademark "XXX" has been used as business name by many enterprises across the country, but these enterprises have no direct relationship with the plaintiff, this behavior is a flagrant infringement of the right to exclusive use of the registered trademark and unfair competition. The plaintiff entrusted Zhilin Law to act for them to maintain their legitimate rights and interests. Zhilin Law accepted the entrustment, and paid high attention to the case and immediately organized a team of experienced lawyers to carefully study and research the case materials, and searched a large number of relevant materials to understand the relevant background, found out the coping strategies and ideas, and carefully prepared agent opinions and participated the trial. Finally Zhilin lawyers won the case for client by their professional services!