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Can A Licensee Initiate A Lawsuit Against Trademark Infringement?

2014/7/20 9:40:00 39

Licensee Trademark Infringement Litigation

case /p >
 a company is a "a href=" http:// "www.sjfzxm.com/news/index_c.asp" > shoe industry company < /a >. In the early years, it applied for "A" registered trademark, obtained the trademark registration certificate, and A brand leather shoes got the title of XXX brand name many times. A company has entered into a trademark licensing contract with a company B for 5 years. The company licensed the license company to use the "A" trademark to professionally produce women's shoes and sell it. After that, B company found a company with "A" as the business name in the C shop, specializing in the sale of women's shoes. Ding company has marked "A shoe industry" on the label and packaging box of its shoes, and has enlarged the use of the "A shoe industry" in its showcase, brochure and advertisement. Meanwhile, the emporium also advertised in the same way in advertising and posters, and enlarged the word "A shoes" on sales vouchers. The company has repeatedly requested the Ding company to stop using the word "A shoe industry" in the sale, and ask the C shop to take the shoes of the Ding company off the shelves. But the Ding company thinks that "A" is the business firm that has been approved by the industry and commerce. Its use of its own firm is legal and there is no infringement of the trademark right. C shop believes that B company is not the right person of "A" trademark, and has no right to ask C shop to remove the shoes of the company. When company B appeals to a company and asks a company to come forward to help protect its rights, a company expresses its fear of trouble and does not want to come forward to safeguard its rights. In desperation, the company can only turn to lawyers. 
 lawyer comment 
 1., when a company is not exercising its right of action, a company can sue for trademark infringement on its own name alone. 
In the case of P, the licensee B company, as the exclusive licensing contract, can sue in its own name in case of a company's reluctance to sue. 
 2. the business name approved by the industry and Commerce Department is the same or similar to the registered trademark of others. If the other conditions are met, the trademark owner may bring a trademark < a href= "http:// www.sjfzxm.com/news/index_c.asp" > tort "/a" litigation. 
 according to the provisions of the Supreme People's Court on the interpretation of several issues concerning the application of law in the case of "a href=" http:// www.sjfzxm.com/news/index_c.asp "> trademark > /a > civil disputes, the words that are the same or similar to others registered trademarks shall be used prominently in the same or similar commodities as the name of the enterprises, which is likely to cause misunderstandings of the relevant public, and is a trademark infringement act. In this case, the business name of Ding company is the same as the registered trademark of "A", and it is used prominently in women's shoes. 
 3., the store fails to fulfill the obligations necessary to bear the liability for trademark infringement. 
 according to the regulations on the implementation of the trademark law, it is a trademark infringement act to provide warehousing, spanportation, mail, concealment and other convenient conditions for intentionally infringing upon the exclusive right of a registered trademark. C shop has the obligation to manage its business activities and counters. If C mall fails to fulfill the necessary attention and management obligations, it will facilitate the infringement of the exclusive right of registered trademarks. It is necessary to remind the obligee that the obligee must send a notification letter to the shopping mall through the written means to request the infringing goods to be put off, and keep the mailing documents in good order, so as to prove that there is a fault in the whole infringement case. 
 4. B company may request the court to decide whether the company shall stop or regulate its business name. 
 the provisions of the Supreme People's Court on certain issues relating to the trial of civil disputes involving registered trademarks, enterprise names and prior rights conflicts stipulate that if the names of the alleged enterprises infringe upon the exclusive right to use registered trademarks or constitute unfair competition, the people's court may, according to the plaintiff's litigation claims and the specific circumstances of the cases, determine the defendant's civil liability for stopping using and regulating the use. 
In the case of , the company can appeal to the court to request the company to stop using or standardize the use of the same or similar brand name as the "A" registered trademark.