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Vantage shares being sued for trademark infringement disaster from "shaped"
2015-06-06 Reads : 41
Vantage shares are facing lawsuits together since the "shaped" word thrown. Enterprises from Jiangsu Zhenjiang believe Vantage use all of their "shaped" trademark infringement. And plaintiffs attorney that high this "leverage" the lawsuit odds. Zhenjiang, Jiangsu Province Cheng Tai Electric Co., Ltd. (hereinafter referred to as "Emperor Cheng Electric") to Changzhou City, Jiangsu Province Intermediate People's Court, said that Vantage shares without their consent with the same or similar in the media, shopping and advertising album "Poly Can "trademark, the company alleged trademark infringement. The plaintiffs lawyer Jiang Su Zhengwei lawyer Ding Bin, "China Business" reporter set to comment: "The latest development was the Vantage aspects of Changzhou Intermediate People's Court rejected the jurisdiction of the opposition refused to accept the ruling, the Jiangsu Provincial Higher People's Court filed an appeal now awaiting the High Court's ruling. If rejected again, then the lawsuit will be heard in Changzhou Intermediate People's Court. "He said the lawsuit Cheng Tai currently proposed in the tentative terms of the amount of compensation is 200 million, but does not rule and change will increase the amount of compensation based on the defense of specific violations. The Vantage shares, brand director and spokesman Luo in an interview with reporters is that the trademark Vantage any product is "Vantage" rather than "shaped." He said:. "Shaped just a feature and selling point, not a trademark Vantage did not deliberately trying to use 'shaped' word as a trademark." "Shaped" What is it? Public information, "shaped" trademark by a third party on August 5, 2003 to apply for registration to the State Trademark Bureau, January 14, 2006 officially registered successfully, the exclusive period January 13, 2016. Zhenjiang Cheng Tai Electric Co., Ltd. by the legal transferee on December 4, 2013 have the exclusive right to the trademark, the transferee after extensive use of the trademark. The first half of 2014, Cheng Tai Electric found the well-known home appliance business Vantage shares on the company's website, shopping halls, advertising pictures, television advertising and products used in "shaped" as its symbol after that its alleged trademark infringement. Then Cheng Tai Electric issued quickly, to stop all violations. After not get a response, Cheng Tai Electric prosecution to the court. Ding Bin, told reporters: "We found that after the first half of 2014 Vantage shaped trademark use, litigation in the second half of 2014." In his view, Vantage shares, although in 2011 also proposed a "shaped" trademark applications, but eventually dismissed invalid business sector, and therefore do not enjoy the "shaped" trademark ownership. In fact, in addition to Vantage production of "shaped" on the product, there are a number of household electrical appliance enterprises are also marked with the same words goods. Ding Bin said: "We found that other than to remove Vantage, a number of other companies are using 'shaped' production of similar products this year we have prosecuted a number of enterprises.." Luo in an interview with reporters, said: "the prosecution has no hearing, Vantage Vantage is proposing that the objection to jurisdiction, this company is in Zhenjiang, and the prosecution is in the Changzhou site, so contesting jurisdiction is normal and right Vantage "Luo told reporters:.". shaped kitchen not a trademark. We are a brand Vantage shaped kitchen, rather than shaped plate gas stove. We just use 'shaped' the word to promote their products, rather than a brand. "He emphasized that" shaped "is a description of the product features, is selling a product, but not as a trademark to use. "Of course, it is best to make the decision according to the law." He believes that Vantage has been the "Vantage" trademark and shaped stove products used together, does not separate promotion "shaped kitchen" brand. "If only that shaped kitchen, no one knows is not the Vantage brand." "We have no subjective intent to use 'shaped' trademark." Luo said. As for why the proceedings in Changzhou, Ding Bin explained: "Apart from the prosecution Vantage, we also sued a home appliance retailer as well as another company responsible for the installation related products related products because we found a large number of sales in Changzhou, so. He filed a lawsuit in Changzhou. "outcome or the end of the first trial Cheng Tai Electric announced the introduction from the show's official website, is specialized in domestic kitchen product development, manufacturing, sales of enterprises. Its main products include kitchen series, ten categories on more than 100 varieties, annual production capacity reached 500 million units. Vantage shares for public justification, Ding Bin, in fact, is considered Vantage delay. "The other side knows reintroduced the possibility of objection to jurisdiction was rejected almost one hundred percent, but they just want to delay the time." He said that the current terms Vantage shares are on the "shaped" trademark against them "withdrawal of three" applications. The so-called "third withdrawal" means, in accordance with the provisions of the "Trademark Law" of: a registered trademark become generic name its approved use of the goods for three consecutive years without justification or without the use of any unit or individual may apply to the Trademark Office for the revocation of the registration trademark. Ding Bin said, Vantage argued that say "shaped" is meant gathering energy, rather than as a trademark. But in fact as early as in 2011, Vantage on twice "shaped" word trademark application to the business sector, but have been rejected. Because the mark has already been registered. The attorney believes that one important function of a trademark is to distinguish the origin of goods. So Vantage If you continue to use, then the consumer will think "shaped" is a trademark of Vantage rather than God's honest. "This trademark will be diluted Emperor Cheng out, our trademark has no value and meaning. So, it is a infringement of trademark dilution." He said. "Now there are some consumers that may have been shaped are trademarks of Vantage . dilute our trademark features, our trademark mean it does not exist, "the researchers from the field of home appliances Liu Buchen, commented:" I think, if Vantage lost in this lawsuit, then its brand image may be affected to some extent the public is likely. Vantage will consider such violations and China's leading home appliance brand image somewhat incompatible, because no matter how the outcome of the proceedings, the general public will think that the infringement is not an honorable thing. "He believes that if the Vantage lost, its flagship Vantage sales or shaped kitchen products will be affected. However, the anonymity of industry veterans believe that the impact of the outcome of litigation Vantage brand is not large. Because Vantage trademarks and brands are not "shaped" but "Vantage." "Shaped" is a product name, does not affect the main trademarks of cognition. The product features Vantage shaped stoves also make consumers unique awareness. Even after not using "shaped" is the name, it would not impact the Vantage product. Ding Bin expected, Jiangsu Province Higher People's Court ruling on objection to jurisdiction will be determined this month. If requested by the defendant rejected the second, then the first instance will still Changzhou Intermediate People's Court to continue the trial, usually a judgment within six months, "Under normal circumstances, no later than December of this year closed." "We judge Vantage aspect likelihood will appeal if he loses." He said that this small company sued the case of large companies is likely to become a household electrical appliance industry classic case of trademark infringement cases. The Luo, told reporters commented that Vantage actively responding to the Ministry of Justice has already done to prepare.
keywords: Vantage shares, trademark infringement, trademark,
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