The plaintiff Aima Technology Group Co., LTD. and the defendant Dali Haoyu electric bicycles Co., LTD., Zheng Jianwu, Yunnan Aima Technology Co., Ltd., LTD. infringement of trademark rights and unfair competition dispute case, the court held a trial in accordance with the law.
The Plaintiff Aima Group Corporation filed a claim against the court and alleged：
1.Request for the three defendants to immediately stop infringing the right of the registered trademark of plaintiff No.3804083 “ ”,No.9855425 " ", No.9855424 “ ”,No.8166100 " " (including, but not limited to immediately stop the use of "Aima" on its instant messaging software, signs, brochures, business cards, etc., and to destroy relevant materials with "Aima")；
2.Request the defendant three is ordered to immediately change the enterprise name, and the changed enterprise name shall not contain "Aima" or similar to "Aima" words；
3.Request the defendant one and the defendant three shall jointly compensate the plaintiff for the economic loss of 1 million yuan, among which the defendant two shall be jointly and severally liable for the debt of the defendant one；
4.Request the three defendants be ordered to jointly bear the reasonable expenses of 61,650 yuan incurred by the plaintiff to stop the infringement (including 50,000 yuan for lawyers' fees, 10,000 yuan and 1,650 yuan for the purchase of infringing products)；
5.Request the defendant one and the defendant three to publish an apology in China Intellectual Property News, publicly apologize to the plaintiff for his infringement and eliminate the impact；
6.The whole costs of this case are borne by the three defendants.
The three defendants jointly pleaded that:
1.Dali Haoyu, a distributor of the products (closed electric tricycles) of Emma Group Co., Ltd., began to purchase the goods in June 2018 and sell them. The product publicity and advertising made during the business period are commercial and no infringement.
2.Dali Haoyu is not an authorized exclusive store, so the sale of electric tricycles in its business places is legal and compliant；
3.Since June 2018, all commercial activities have been carried out under the knowledge of Party A (Zhejiang Nengzhong Company), and Party A has not raised no objection.
4.During the business period, Dali Haoyu had normal business exchanges with Party A, clear accounts and no arrears.Defendant did not cause any financial losses to the other party, and has been losing money, with no profit.
5.Yunnan Aima Technology Co., Ltd. registered and established legal compliance, the request rejected all the plaintiff's claims.
Opinions of the Court of First Instance
Ⅰ. The defendant Dali Haoyu electric bicycles Co., LTD., Zheng Jianwu, Yunnan Aima Technology Co., Ltd., LTD. immediately stop infringing the right of the registered trademark of plaintiff No.3804083 “ ”,No.9855425 " ", No.9855424 “ ”,No.8166100 " ".
Ⅱ. The defendants Dali Haoyu Electric Vehicle Co., Ltd. and Yunnan Aima Technology Co., Ltd. for 60,000 yuan and reasonable rights protection expenses. This judgment. Zheng Jianwu shall be jointly and severally liable for the debt of the defendant Dali Haoyu Electric Vehicle Co., Ltd.
Ⅲ. The defendant, Yunnan Aima Technology Co., Ltd., immediately changed the enterprise name, and the changed enterprise name shall not contain "Aima" or similar words to "Aima".
Ⅳ.Rejecting other claims from the plaintiff, Aima Technology Group Co., LTD.