Two lighting companies in Dongguan, Guangdong Province, uncovered the labels produced by other companies, replaced them with the trademarks of another company that had privately printed them, and used counterfeit transformers for sale on their products in order to obtain illegal benefits. The Dongguan Intermediate People's Court ruled on the 26th that two lighting companies constituted trademark infringement and jointly compensated the infringed party for economic losses of 500,000 yuan.
The court found that Donglin Company is a company that produces transformers and other products. It has registered the OR trademark, and the lighting processing enterprises Yinghui Electrical Appliances Factory and Minghui Company are all their customers. In July 2006, the Dongguan Administration for Industry and Commerce seized 109,106 pieces of the OR trademarks suspected of infringement at Yinghui Electrical Appliances Factory, 463 transformers with the OR logo, and 5,400 lamps with the transformers with the OR logo.
A DV video provided by Donglin Company shows that in a work shop with Minghui brand name, some staff members removed the label of a certain brand of transformer and replaced it with the label marked with the OR logo. The original of the relevant purchase order and auxiliary materials vouchers provided by Donglin Company to the court.
Yinghui Electric Appliance Factory is a three-to-one supplement enterprise established by Hong Kong Yinghui Company. The factory of Minghui Company and Yinghui Electrical Appliance Factory is adjacent to it, and Hongying Yinghui Company is also an investor of Minghui Company.
Yinghui Electrical Appliances Co., Ltd. admitted in its trial defense that it had produced and sold transformer products that counterfeit the trademark of OR Lin. The court held that Yinghui Electric Appliance Co., Ltd. used the same trademark as Donglin Company's OR registered trademark on the same kind of goods, which constituted an infringement; according to the video content provided by Donglin Company and related purchase orders and auxiliary materials receipt certificates, combined with Minghui The fact that the company is the same as the investor of Yinghui Electrical Appliances Co., Ltd., and the business address is in close proximity. In the absence of counter-evidence, it should be recognized that Minghui Company and Yinghui Electrical Appliance Factory have a common infringement intention and implement common manufacturing behavior.
Therefore, the court ruled that Yinghui Electric Appliance Factory and Minghui Company immediately stopped the infringement. Yinghui Electric Appliance Factory compensated Donglin Company for its economic loss of 500,000 yuan. Its investor, Hong Kong Yinghui Company, jointly assumed the liability for compensation, and Minghui Company assumed joint liability. .
The judge of the Dongguan Intermediate People's Court hearing the case said that in this case, the court decided to pay the maximum amount of 500,000 yuan, mainly considering the following factors: First, the number of infringements is huge, and has been investigated and dealt with by the industrial and commercial departments; The price and profit calculation, the defendant's infringement profit has been more than 500,000 yuan; the third is that the infringing product is a lighting transformer, which poses a major hidden danger to the personal and property safety; Fourth, the defendant's infringing products are mainly exported to Europe and the United States, and the domestic product reputation is also negative. influences.
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