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Back广州越秀法院审结一起侵害商标权及不正当竞争纠纷案,判赔500万元
广州越秀法院审结一起侵害商标权及不正当竞争纠纷案,判赔500万元
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中国新闻网2 hours agoLaw2 min readChinaView translation

广州越秀法院审结一起侵害商标权及不正当竞争纠纷案,判赔500万元

被告仿冒“蕉内”网店装潢及使用近似商标,法院顶格判赔

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广州越秀区法院审结一起商标侵权及不正当竞争案。被告广州优某服饰有限公司仿冒“蕉内”品牌网店装潢并使用近似商标,法院认定构成侵权,判令被告赔偿500万元,该判决经二审维持已生效。

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Why It Matters

三立人(深圳)科技有限公司于2016年注册“蕉内”商标,该品牌在网店设计及陈列方面具有特定风格。被告自2018年起注册“蕉点”等商标并销售同类商品,后被国家知识产权局裁定无效。

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中新网广州9月23日电 (方伟彬 梁艳华)记者23日从广州市越秀区人民法院获悉,近日,该院审结一起侵害商标权及不正当竞争纠纷案。

被告方使用与原告在先注册商标近似的标识、仿冒原告网店装潢并大量销售同类产品,被认定构成商标侵权及不正当竞争,法院在法定赔偿幅度内顶格判赔500万元。该判决经广州知识产权法院二审维持,已生效。

通报称,原告三立人(深圳)科技有限公司2016年即注册“蕉内”等一系列商标,“蕉内”商标入选广东省重点商标名录,其官方旗舰店经长期运营,在页面整体设计、商品陈列、介绍方式等方面形成自有风格。被告广州优某服饰有限公司及其独资股东吴某某自2018年起先后注册“蕉点”“JIAODIAN蕉点”等商标并开设网店销售同类商品,零某(杭州)科技有限公司、杭州润某服饰有限公司作为销售商大量宣传销售。

2023年11月起,国家知识产权局陆续裁定宣告“蕉点”系列商标无效,优某公司提起行政诉讼,终审维持无效裁定,但其后仍反复申请近似商标并持续销售。经比对,各被告网店的标识、背景配色、方框元素、宣传标语及商品展示图等,与原告网店整体视觉效果高度近似。

被告辩称,“蕉点”标识被诉时已获准注册属善意使用,原告网店装潢不具显著性。法院认为,被宣告无效的注册商标专用权视为自始不存在,被告使用缺乏正当权利基础,构成商标侵权;各被告网店整体装潢与原告基本一致,有消费者在评价区留言误认,构成仿冒。在权利人损失、侵权获利及许可费均难以精确确定的情况下,法院适用法定赔偿,判令各被告停止侵权、在平台连续十五天刊登声明消除影响;优某公司赔偿经济损失及合理开支500万元,吴某某承担连带责任,零某公司、润某公司分别对其中250万元、7万元承担连带赔偿责任。

二审认为,商标与网店装潢相辅相成,被告在商标被宣告无效后至2024年8月仍继续使用,争议期间未尽审慎义务,扩大混淆,刻意仿冒难谓善意,遂驳回上诉、维持原判。

Open Questions

  • 被告是否会履行赔偿义务?

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This article was originally published by 中国新闻网.

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