Unauthorized use of "Lanqiuhui" name promotion furniture furniture company was convicted of infringement

On June 7, Lanzhou Intermediate People's Court held a demonstration tour of the Lanzhou Investment and Trade Fair Office and a Gansu home furnishing company's “name infringement dispute case”. In order to strengthen the demonstration effect, the case was chaired by Dean Ren Jianguo as the presiding judge. The members of the committee and the heads of various departments and the students of Lanzhou University attended the trial. China Lanzhou Investment and Trade Fair (hereinafter referred to as Lanzhou Fair) has been successfully held for 17 sessions since 1993 and has become one of the major investment and trade fairs in the western region. Its name has great influence and commercial value. In 2010, Lanzhou Fair established the Lanzhou Fair Office (hereinafter referred to as the Lanchao Office). In April 2011, the Lanzhou Fair Executive Committee issued a notice requesting that the Lanzhou Fair professional exhibition must report to the Lanzhou Office as required, and the units and individuals that have not passed the examination or have not been approved may not be named “Lanqia”. Will hold and host various professional exhibitions. At the same time, it is also stipulated that it is necessary to pay the title fee for the professional exhibition of the title, and work under the unified deployment of the Executive Committee. During the 17th Lanzhou Fair in Lanzhou in 2011, a home furnishing company used the name of the 17th China Lanzhou Investment and Trade Fair Furniture and Building Materials Pavilion without any declaration to the Lanzhou Fair. In the distribution activities, a large number of promotional advertisements were hoisted and posted in their sales venues, and promotional advertisements were published through various media for publicity, and printed advertising brochures were widely distributed. In response to his infringement, Lanchao Office sent a lawyer's letter to him on July 9, 2011, requesting that the infringement be stopped, and clarifying the facts on the same page in the newspapers that published the infringing advertisements, eliminating the adverse effects, publicly apologizing, and Compensation for economic losses, but the home company did not reply. To this end, Lanchao Office brought the home company to court, demanding to stop the infringement, eliminate the impact, apologize, and compensate 500,000 yuan in economic losses. The Chengguan District Court held that the home furnishing company, as a large-scale enterprise engaged in the distribution of household building materials in Lanzhou, violated the principle of civil activity of honesty and credit, and ignored the plain text notice of the Lanzhou Fair, which was not held during the Lanzhou Fair. The Executive Committee approved and arbitrarily used the name of the Lanzhou Fair, which has great commercial value, to carry out merchandise promotion and other activities. Its behavior has infringed the exclusive name rights enjoyed by Lanchao Office and should bear corresponding civil liability. According to this, a first-instance judgment was made: the home company was ordered to immediately stop the infringement, and the statement was published in a prominent position in each media within 15 days after the judgment took effect. After the verdict was pronounced in the first instance, the home company decided that the facts were unclear by the original judgment, and that the Lanzhou Office had the fact that there was no factual basis for the litigation subject matter. In the trial on the 7th, after both sides examined and debated, the two sides expressed no objection to the facts of the case. The home company later offered a mediation plan that would be willing to compensate Lanzhou for economic losses of 50,000 yuan, but refused to publicly apologize. Lanchao said that the home company must pay the infringement price as an infringer. It has no sincerity in mediation. Therefore, it does not accept the mediation plan and asks the court to reject the appeal and maintain the original judgment. Since the Lanzhou Office did not accept mediation, the home company filed an appeal in the court. After the collegial panel, the court held that the request of the home company was in compliance with the law, and the court sentenced the home company to withdraw the appeal.

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