[b]
[/b][b] court of Ji'nan court of the three tribunals to hear the case [/b]
the three tribunal of the Ji'nan middle courtyard of the judge in the trial of the patent infringement case in the process of the
[b] mass network of Ji'nan April 19th news [/b] (reporter Jiang Yang correspondent Chen Qian Liu Junsheng) in the thirteenth "4. 26 World Intellectual Property Day" coming, the Ji'nan intermediate people's Civil Law Institute announced to the society in 2012. Ten typical intellectual property cases, including patent technology, trademarks, domain names and other types of intellectual property rights, are put into effect.
[b] case one: stealing Joyoung patent technology, was punished by 1 million yuan [/b]
the plaintiff Joyoung Limited by Share Ltd heard by the Ji'nan central court and the defendant in a patent infringement dispute of an electrical appliance company of the defendant. The plaintiff was the patent holder of "a kind of easy cleaning multifunctional soya bean milk machine", which found the defendant to use the patent technique The operation, production and sale of soya bean milk machine products, then sued to the court to ask the defendant to stop the infringement, compensation for the economic loss
the Ji'nan middle court after trial, ordered the defendant to stop the infringement and compensate for the economic loss of 1 million yuan.
[b] case two: Hang sheep's head to sell dog meat, "Michelin" accuses trademark infringement [/b]
Michelin Group Corporation has the exclusive right to use the registered trademark of graphic, "MICHELIN" letter and "Michelin" in China. In May 9, 2011, when the defendant was sold in a market in Ji'nan, 38 of the car tyres marked with graphics and "MICHELIN" were detected on the spot, of which 16 of the tires were changed, 3 tires were changed to the load index, 7 tires were changed and 12 tires were changed to the load index and origin. After the trial of
Ji'nan intermediate people's court, the defendant immediately decided to stop the infringement and compensate for the economic loss of 50 thousand yuan.
[b] case three: intentional registration of similar domain name dispute, "Dong'e gelatin" domain name rights [/b]
the plaintiff of Ji'nan central court, Shandong Dong'e Ejiao Limited by Share Ltd and defendant Qingdao Network Information Co., Ltd. infringement trademark dispute case, the plaintiff is the leading enterprise of the domestic gelatin industry, "Dong'e gelatin" "Characters and" DONGEEJIAO "Pinyin are registered trademarks of the plaintiff. The defendant, without the consent of the plaintiff, registered the "DONGEEJIAO" phonetic trademark of the plaintiff as the main part of the domain name, and registered www.dongeejiaoshop.com website and publicized with the registered trademark of the plaintiff on the website and sold the product of the gelatin.
the court did a lot of mediation work, and the two sides finally reached a settlement. The defendant took the initiative to admit his mistake, closed the infringing website, cancelled the domain name, and promised that there would be no similar infringement.
[b] case four: after the death of Mr. Wang Luobin, a number of KTV defendant songs in Ji'nan, the copyright of her works was inherited by her son Wang Haicheng. Since 2012, Wang Haicheng has brought the copyright infringement lawsuit against the unauthorized playback of Mr. Wang Luobin's works by the KTV Concert Hall in Ji'nan. However, the owners of the song hall think that the songs are brought into their singing equipment and do not infringe upon the copyright of others.
the trial of the Ji'nan middle court holds that the defendant in a business place uses audio-visual equipment to play a public performing work in the use of audio-visual equipment. The act has not been permitted by the copyright owner and, for the purpose of making profit, infringes the copyright owner's right to perform, and should compensate for the loss of the economy and the reasonable cost.
[b] case five: online shop "famous brand" selling low price imitation is recognized tort [/b]
the plaintiff Shanghai Ping bean Trade Co., Ltd. is a well-known fashion women's design, manufacturing and sales company, the "pink big doll" brand women brand in Taobao network has a high reputation and good sales performance. Defendant Wei in Alibaba online shop with "pink big dolls and the same dress" as the product link keywords, sales imitation plaintiff products. The plaintiff complained to the court on the grounds that the defendant constituted unfair competition.
the trial of the Ji'nan middle court held that the defendant violated the principle of honesty and credit and recognized business ethics, and constituted unfair competition. The defendant decided that the defendant should stop the infringement and compensate for the economic loss.
[b] case six: the new maize variety has not been agreed to be ad [/b]
the Beijing golden five Valley seed technology research and development center of the plaintiff of the Ji'nan central court and the defendant Hao Mou, a seed industry company invades the plant new seed rights dispute case, the plaintiff is "jizyu 10" maize variety owner, found the defendant Hao sale On the corn seed packing bag, the word "Ji Yu 10" was marked with the word "Ji Yu No." in big number word. The corn seed department was provided by a seed company. Then it appealed to the court to ask the two defendants to stop the infringement immediately and compensate for the economic loss.
the trial of the Ji'nan middle court held that the two defendant, without the permission of the plaintiff, produced and sold "Jyu 10" corn seeds for commercial purposes and violated the plaintiff's variety rights. The defendant decided to stop the infringement immediately by the two defendant, and the defendant made a compensation for the plaintiff's economic loss of 100 thousand yuan.
[b] case seven: property intermediary franchise contract dispute case [/b]
concession is a new business model in recent years. The plaintiff, Li Mou signed a contract with a real estate agent of the defendant, permits the plaintiff to use its brand name as the name of the foreign business, but does not work on the operation area of the franchise. The agreement is made. During the validity period of the contract, the defendant opened a direct store within the range of 200 meters from the same district to the plaintiff's franchisee. The plaintiff complained to the court on the grounds that the defendant's behavior seriously interfered with his normal business activities, and requested that the defendant's direct shop be revoked in accordance with the law. After the trial of
Ji'nan intermediate people's court, the defendant immediately ordered the defendant to stop operating activities in the registered address of his direct shop.
[b] case eight: Rizhao one fried fragrant company infringing on a number of enterprises [/b]
Rizhao one fried Xiang company department "pancake scraping blade", "a kind of pasta processing board" utility model patent for the implementation of the exclusive right holder, it thinks that a number of pancake manufacturers in Shandong province are invaded by self-made and using the patent. The right of the court shall be applied to the court for the preservation of the prior evidence.
the Ji'nan intermediate people's court has adopted the examination and verdict to ensure that all the applicants have taken measures such as sealing up and taking photos. Due to the timely adoption of pre litigation evidence preservation measures, two cases have been settled before the lawsuit, and the other five cases, after the applicant has been prosecuted, the court makes a timely decision on the basis of the evidence preservation.
[b] case nine: the overdue case is also repudiated. A process shop is ordered to make the right holder of the invention patent for the behavior [/b]
Zhao Mou Department "photo painting and production craft" within 60 days. It thinks that the gold silk sticker products produced and sold by third people in a handicraft shop infringe their patent rights and to the defendant's requesting office on the 2 day of December 2011. Disputes on the infringement of the above patent rights. After nearly a year, the defendant made a decision on the administrative handling of the case and decided that the product involved did not constitute infringement. The plaintiff disagreed with the decision and appealed to the court.
after trial, the Ji'nan central court decides to revoke the decision made by the defendant in accordance with the law and order the defendant to remake a specific administrative act within 60 days from the date of the entry into force of the decision.
[b] case ten: selling fake Moutai attempted to be arrested, sentenced to 2 years of term of imprisonment [/b]
the accused is known as counterfeit Moutai, Wuliangye and other famous wine, still in Ji'nan registered trade company foreign sales. In September 2011, the public security authorities searched out the unsold liquor from the basement of a residential area in which a total of more than 109.7 yuan was sold. The above drinks are identified as counterfeit registered trademarks. After the defendant came to justice, the defendant exposed the criminal facts of others.
the court after the trial holds that, because most of the facts of the crime are not successful because of the reasons other than the will, the crime is unaccomplished, and the crimes of others are uncovered and the meritorious behavior should be mitigated. The court sentenced Bi to a fixed-term imprisonment of two years, a suspended sentence for three years and a penalty of one hundred thousand yuan.