Speaking of Weifang in Weifang, the first thing that citizens think of is Weifang Diesel Engine Factory, now Weichai Holding Group Co., Ltd. and Weichai Power Co., Ltd. However, on April 10, 2009, Weichai Holding Group Co., Ltd. and Weichai Power Co., Ltd. submitted a petition to the Weifang Intermediate People's Court, stating that there is another “Weichai†in Shandong: Shandong, located in Jinan. Chai Industry and Trade Co., Ltd. Six months later, Shandong Weichai Industry & Trade Co., Ltd. filed a counterclaim in this lawsuit. The two "Weichai" companies have the right to use the company's name and trademark rights. Weifang "Weichai":
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Commodity
Alumina
ball 60mm
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Al2O3 Content (%)
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Water absorption
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The other party's brand name should be banned in accordance with law. In April 2009, Weichai Holding Group Co., Ltd. and Weichai Power Co., Ltd. found that a heavy-duty vehicle repair station in Weifang, Weifang, is selling auto parts with the “Winchwood†trademark and found parts. It was produced by Shandong Weichai Industry & Trade Co., Ltd., and the Shandong Weichai Industry & Trade Co., Ltd. was brought to the Weifang Intermediate People's Court.
Weichai Holding Group Co., Ltd. and Weichai Power Co., Ltd. (Weifang “Weichaiâ€) believe that the name “Wei Chai†has always been owned by the two companies, and that this name enjoys a high reputation both at home and abroad, and it is composed of two enterprise names. The core elements of the company are also the distinguishing features of the two companies and other companies and should be protected by law. From Weifang Diesel Engine Factory to Weichai Holding Group Co., Ltd. and Weichai Power Co., Ltd., the word “Wei Chai†has been promoted as a brand name in various media. As long as we mention “Wei Chai,†we all know that The diesel engine plant in Weifang is "Weichai Power," and many customers agree with "WeiChai" products when they purchase diesel engines or auto parts.
Weifang “Weichai†believes that Shandong Weichai Industry and Trade Co., Ltd., located in Jinan, was established in 2002. Under the knowledge of Weifang’s “Winchwood†influence, it manufactures and sells diesel engine parts and uses the “Winchwood†name and trademark. Consumers and customers are confused about the source of their goods or services, obviously have the intention of defaming the brand, and this kind of behavior should be stopped according to law.
In addition, Shandong Weichai Industry & Trade Co., Ltd. also uses the word “WEICHAI†on its website, and “WEICHAI†is a registered trademark of Weifang “WeiChai†and is a well-known trademark in China. This is an infringement.
Weifang “Weichai†also stated that Shandong Weichai Industry & Trade Co., Ltd. knew that “Winchwood†is its famous name, and it is its code in the public perception, but it uses “Wei Chai†to apply for a registered trademark and maliciously squatting it. It is obvious that it needs to be stopped by law.
Weichai Holding Group Co., Ltd. and Weichai Power Co., Ltd. also lodged a complaint with the court of the sale of Shandong Weichai Industry & Trade Co., Ltd.'s auto repair stations and sales companies.
Handle relevant court personnel:
There are no clear laws and regulations for registered companies. The reporter learned from the court that due to the fact that a litigant raised the subject of litigation, the case was postponed and may not be continued until after the Spring Festival in 2010. This case involves the issue of the registration of famous enterprises' abbreviation and the use of trademarks by both parties. Both parties have a legal basis for the use of trademarks, and the court needs to ascertain whether the use of “Winchwood†trademarks by both parties infringes the interests of the other party and whether they can divide the use of the trademark. The relevant court officials said that the case has not yet entered the formal trial stage, and some of the issues involved do not have clear legal provisions and belong to more typical cases.
The reporter learned that the Weifang Intermediate People's Court had tried a case in which the company’s name was registered and used by others. In 2008, Shandong Crane Factory will sue the court with Shangdong Shanqi Heavy Industry in Qingzhou. Shandong Crane Factory believes that “Shanqi†is used as its abbreviation in advertising, staff clothing, and foreign exchanges. Shanqi Heavy Industries, which produces the same equipment in the same area, also used their abbreviation “Shanqi†to infringe their Legal rights. After the first trial of the Weifang Intermediate People's Court and the final hearing of the Shandong High Court, Shandong Shanqi Heavy Industry was sentenced to stop using the word “Shanqi†as the name.
It is understood that Weichai Holding Group Co., Ltd. was renamed from the original Weifang Diesel Engine Factory, and Weichai Power Co., Ltd. was originally invested by the original Weifang Diesel Engine Factory in terms of production and sales of WD615, WD618 series diesel engine business assets and liabilities and cash. Initiated the establishment of a modern enterprise. Now Weifang Weichai has become the largest domestic manufacturer and supplier of internal combustion engines and auto parts. In June 2006, "WEICHAI" was identified as "China Famous Brand." In China, the high-speed engines of Weifang Weichai's high-speed engines account for 36% and 82% of the total market for heavy-duty vehicles with a gross weight of over 14 tons and a 5-ton loader loader respectively. In foreign countries, the products are exported to more than 30 countries and regions such as India, Vietnam and Russia.
According to legal experts, this case was the case in which Weifang "Yelia" filed a lawsuit against Beijing "Yelia" in 2009 (this report was published in the C3 edition on June 11, 2009 and in the A8 edition on August 30, 2009). Later, together with Weifang's famous enterprises fighting for trademark rights, these cases should give Weifang's well-known companies some warnings.
Jinan "Weichai":
The first registration of the other party’s infringement was informed by Weichai Holding Group Co., Ltd. and Weichai Power Co., Ltd. to go to court. In October 2009, Shandong Weichai Industry & Trade Co., Ltd. (Jinan “WeiChaiâ€) filed a counterclaim. The court ordered Weichai Holding Group Co., Ltd. and Weichai Power Co., Ltd. to stop infringing on the unfair competition behaviors of its corporate name rights and trademark rights and could no longer use the "Winchwood" number.
Jinan’s “Weichai†stated that its corporate name and registered trademark were obtained through legal registration and registration applications, and have the right to use it legally within the scope of registration and registration. The Weichai Chinese character and Pinyin combination trademark registered by Jinan “Wei Chai†in 2001 has been legally used for seven years and has never been objected. In 2003, the Weichai Chinese Characters and Pinyin combination trademark registered in the company was first announced, and later Weifang “WeiChai†made an objection and is currently undergoing a review process. Weifang “Wei Chai†has no legal basis for the registered trademark of Jinan “Chai Chai†in the process of being legally registered, and the court’s request to revoke the trademark in the process of being applied. It is an abuse of litigation right. In addition, the original "Weifang Diesel Engine Factory" company name and "Wei Chai" font size is essentially different, according to the provisions of the simplified name should be filed, in fact, "Weichai" has never been "Weifang Diesel Engine Factory," the legal registration of short.
Jinan “Weichai†also proposed that the Weifang “WeiChai†registered trademark is later than this time, and the scope of authorized use is not the same. Weifang “Winchwood†uses the “Winchwood†name without permission, and The use of trademarks that are prone to misidentification and confusion has constituted an infringement.
After the other party filed a counterclaim, Weifang “Weichai†also added a lawsuit request to require the defendant to compensate the economic loss of 500,000 yuan.