How do led fluorescent lamp manufacturers protect their rights?
In recent years, the phenomenon of counterfeiting and infringement in the LED fluorescent lighting industry has become more and more serious, and most of the infringed companies have also defended their rights through advice or letter of attorney. Different companies have adopted different methods for different counterfeiting situations:
1. Some brands have adopted a name similar to a brand with a certain reputation in the industry-suing;
2. Some LED fluorescent lamp companies have their names changed in different places. For example, a Guangdong XX Co., Ltd. is more famous, and then a Zhongshan XX Co., Ltd. appears-advice;
3. Some people post false information on websites that do not require third-party authentication, impersonating employees of a LED fluorescent lamp company, leaving contact persons and contact information and other information-send a lawyer's letter to the website.
Author: What legal provisions define infringement in the above situation? How should the infringed LED fluorescent lamp company obtain evidence and how to protect its rights?
Lawyer: The first question involves the judgment of the trademark infringement of led fluorescent lamps. Trademark similarity refers to the comparison between the alleged infringing trademark and the plaintiff’s registered trademark. The font, pronunciation, meaning or composition and color of the graphics, or the overall structure of the combination of its elements are similar, or its three-dimensional shape and color combination Similar, it is easy for the relevant public to misunderstand the origin of the goods or believe that its origin has a specific connection with the goods whose trademarks are registered by the plaintiff.
The People's Court found that trademarks are similar in accordance with the following principles:
(1) Based on the general attention of the relevant public;
(2) Both the overall comparison of the led fluorescent lamp trademark and the comparison of the main parts of the trademark should be carried out. The comparison should be carried out separately in the state of isolation of the comparison objects;
(3) In judging whether trademarks are similar, the distinctiveness and popularity of the registered trademarks requested for protection should be considered.
The second question concerns the protection of the right of business names.
"Regulations on the Administration of Enterprise Name Registration" The enterprise name shall be composed of the following parts in order: shop name (or business name), industry or business characteristics, and organizational form. The name of the enterprise shall be preceded by the name of the administrative division of the province (including autonomous regions and municipalities directly under the Central Government) or city (including prefectures) or county (including municipal districts) where the enterprise is located. Because corporate names are not registered nationwide, it is inevitable that companies registered in different regions will repeat their names. The most significant part of the company name is the company's "font size". In order to effectively protect the company's "font size", registering the "font size" as a trademark can provide double protection.
The third question involves fraud. If you pretend to be a company employee, collect business money, and then abscond, you are suspected of criminal fraud if you do not intend to perform the contractual obligations. If the contractual obligations are fulfilled, the impersonated enterprise may request the impersonator to return the business money on the grounds of infringement.
