(Reporter Wang Lina) sellers in Taobao shop the sale of clothes, with the
well-known registered trademark high degree of approximation, the alleged
infringer. The court Taobao jointly and severally liable with the seller jointly
liable for compensation. Yesterday, the Supreme Court announced that the 2011
Court IPR judicial protection of the 10 cases, the case is one of them.
plaintiff clothes read (Shanghai) Fashion Trade Co. Sale Karen Millen July, Ltd. (hereinafter referred to as the clothing read company) alleged that the company is a registered trademark rights holders Winnie the pattern of clothing, a registered trademark of the company's high degree of approximation. Read clothing company believes that Du State violations of its registered trademark rights karen millen outlet, the company had in September 2009 began seven times sent a letter to Taobao, and delete the infringing goods Du State released. Taobao reported clothing read infringement be deleted, but did not take measures to stop. Clothing read Taobao deliberately to infringe the registered trademark of the behavior of others to provide convenient conditions, connivance, to help Du State committed acts of infringement, prosecution requests Du National Development, Taobao, compensation for economic loss of 8 million yuan.
Court of First Instance judgment Du National Taobao jointly liable for compensation of 10,000 yuan clothing read. Taobao refuses to accept the appeal, the view of the court of second instance that Taobao know Du States issued its Web services implementation of trademark infringement, but only is a passive right holders notice to take any of the effectiveness of the delete link of the measures, did not take necessary can prevent the infringement occurred the measures to laissez-faire, condone violations occur, the subjective fault Puma Speed Cat Big, help DU Guo made the implementation of the infringement, constitute a joint tort UGG Langley Sale, issued jointly and severally liable with the Du States. The judgment dismissed the appeal and upheld the judgment. But no matter
■ interpretation of the case
knowing infringement will bear responsibility
said highest law when the sale of trademark infringement commodities of Internet users use online trading platform How to determine the responsibility of the platform provider is the relatively new field of intellectual property, but also the more controversial issues.
case to determine the online trading platform for service providers to take the help of the tort liability of fault criteria, namely, the network service provider for the infringement of the network users generally do not have the ability to anticipate and avoid, not because of network users infringement and of course should bear tort liability, but if the network service provider knows or should know the use of their network services to network users to commit tortious acts, while still providing network services to the tortfeasor or has not taken appropriate to avoid infringement behavior measures, and network users should bear joint tort liability.
■ link
other nine cases
trademark dispute
air conditioner karen millen, comfortable sleep mode unfair competition disputes triggered by the case
anti-beta-lactamase antibiotics complex I want to comment the microblogging Recommend | hot microblogging today
plaintiff clothes read (Shanghai) Fashion Trade Co. Sale Karen Millen July, Ltd. (hereinafter referred to as the clothing read company) alleged that the company is a registered trademark rights holders Winnie the pattern of clothing, a registered trademark of the company's high degree of approximation. Read clothing company believes that Du State violations of its registered trademark rights karen millen outlet, the company had in September 2009 began seven times sent a letter to Taobao, and delete the infringing goods Du State released. Taobao reported clothing read infringement be deleted, but did not take measures to stop. Clothing read Taobao deliberately to infringe the registered trademark of the behavior of others to provide convenient conditions, connivance, to help Du State committed acts of infringement, prosecution requests Du National Development, Taobao, compensation for economic loss of 8 million yuan.
Court of First Instance judgment Du National Taobao jointly liable for compensation of 10,000 yuan clothing read. Taobao refuses to accept the appeal, the view of the court of second instance that Taobao know Du States issued its Web services implementation of trademark infringement, but only is a passive right holders notice to take any of the effectiveness of the delete link of the measures, did not take necessary can prevent the infringement occurred the measures to laissez-faire, condone violations occur, the subjective fault Puma Speed Cat Big, help DU Guo made the implementation of the infringement, constitute a joint tort UGG Langley Sale, issued jointly and severally liable with the Du States. The judgment dismissed the appeal and upheld the judgment. But no matter
■ interpretation of the case
knowing infringement will bear responsibility
said highest law when the sale of trademark infringement commodities of Internet users use online trading platform How to determine the responsibility of the platform provider is the relatively new field of intellectual property, but also the more controversial issues.
case to determine the online trading platform for service providers to take the help of the tort liability of fault criteria, namely, the network service provider for the infringement of the network users generally do not have the ability to anticipate and avoid, not because of network users infringement and of course should bear tort liability, but if the network service provider knows or should know the use of their network services to network users to commit tortious acts, while still providing network services to the tortfeasor or has not taken appropriate to avoid infringement behavior measures, and network users should bear joint tort liability.
■ link
other nine cases
trademark dispute
air conditioner karen millen, comfortable sleep mode unfair competition disputes triggered by the case
anti-beta-lactamase antibiotics complex I want to comment the microblogging Recommend | hot microblogging today
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