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　 　 [introduction]: Zhou Dafu, Chow Sang Sang, weeks, enterprise, holds the post of hundred lucky, Jin Liufu Da-Jin Zhou, zhou......So much as to "week" × × × × "blessing" format named jewelry brand, they are the "brothers" of the brand? Who has really expected, who is near the famous? 　 　 Guangzhou City Intermediate People's court has accepted a "enterprise", "week of the infringement of trademark right, holds the post of hundred lucky" unfair competition cases of second instance, cause all circles on the market there are many "approximate brand".
　 　 event: Zhou Liufu sued Zhou Baifu for trademark infringement, Zhou Baifu denied that the 　 　 both the focus of controversy is the week holds the post of hundred lucky without a permit, unauthorized use of the "Zhou Liufu" logo, trademark infringement and unfair competition.
Enterprise says, holds the post of hundred lucky week without their permission, Guangzhou in a jewelry store advertising, product labels, ensure the single as well as packing box using the "enterprise", "ZHOULIUFUJEWELRY" logo, which constitutes trademark infringement and unfair competition, demand compensation for the economic loss of 300000 yuan, and the case assumed full cost.
　 　 Zhou Liufu official website, in 2004 in Hongkong in China registered, the same year in mainland China were "Zhou Liufu" brand jewelry business, as of 2011 November, the Chinese mainland have 780 outlets, was awarded "China famous brand" title.
And the said Zhou Liufu holds the post of hundred lucky week, sales of jewelry products are well-known products, "Zhou Liufu" brand in Hongkong and the mainland were not allowed to register, does not enjoy the right to exclusive use of trademarks.
Zhou Baifu also said the use of "enterprise" is another name for the "Hongkong jewelry gold Ua International Group Limited" authorized to use.Zhou Baifu was founded in 2010 April, holds the post of hundred lucky week says, in Hongkong to Zhou Liufu naming the company has more than 10 homes, "Zhou Liufu", "ZHOULIUFUJEWELRY" is not unique to the plaintiff.
In early 2011 September, the court of first instance finds Zhou Baifu there are subjective hitchhiking intentionally, the objective of consumer product source confusion, constitute an infringement of trademark right and unfair competition.
　 　 case is in farther cognizance, is difficult to determine the merchant malicious fraud 　 　 the enterprise to Zhou Baifu second case is in farther cognizance process.For what is a brand name, which is a copycat, the hospital in the city of Guangzhou intellectual property court president Li Chisen said "don't know", according to the specific cases in order to distinguish.
But consumers bought near the famous products, as well as merchant fraud.　 　 in 2011, the Guangzhou industrial and commercial sector monitoring found, nearly three into jewelry and more than four into a jade goods of poor quality, which relates to the enterprise, brand and other brands.
If the consumer misunderstanding the jewelry brand relationship and jewelry, whether businesses suspected of concealing or even consumer fraud? Riceson pointed out, "if it is to your business registration name provided, subjective and not let consumer misunderstanding of malicious, from the consumer point of view does not constitute a malicious fraud.
"In this case, the Guangzhou intermediate people's court intellectual property court president Li Chisen accepted in the relevant media called "bad", according to the specific cases in order to distinguish.