How can fish eyes be mixed with pearls Li ghost can not escape the law-"Lianqiang" re-named lawsuit Lianqiang roll company won the case.


Time:

2024/05/06

On April 16, 2024, the civil judgment "(2024) Jin Min Zhong No. 41" issued by Tianjin No. 3 Intermediate people's Court showed that the plaintiff-Tangshan Lianqiang Metallurgical Roll Co., Ltd., sued the defendant-Tianjin Lianqiang Shengda Metal products Co., Ltd. Tangshan Lianqiang Roll Co., Ltd. won the final case.

  Justice will win and tort will be punished

When the reporter of "China Metallurgical News" learned the news in late April, he immediately interviewed Sun Jianxun, general manager of Chaoyang Lianqiang Roll Co., Ltd. by telephone.

Sun Jianxun believes that brand is the common pursuit of producers and users! Giving full play to the leading role of the brand and promoting the upgrading of the supply structure and demand structure are conducive to stimulating the innovation and creativity of enterprises, promoting the rational allocation of production factors, and improving product quality; it is conducive to promoting the honesty and trustworthiness of enterprises, strengthening corporate environmental protection and resource conservation, and achieving more harmony, Fairer and more sustainable development.

Chaoyang Lianqiang Roll Company's focus in 2024 and beyond is still brand building. The second is to protect the rights of the brand.

According to Sun Jianxun's review, with the hard work of several generations of Lianqiang people, the strong roller has the mature centrifugal roller production technology in the industry. With the blessing of many advanced technological inventions and utility models such as Lianqiang's centrifugal composite high-speed steel roll technology, Lianqiang has maintained the first market share of China's small and medium-sized centrifugal rolls for 30 consecutive years. For 25 consecutive years, it has maintained the first export volume of small and medium-sized centrifugal rolls in China. This iron fact proves that Lianqiang brand enjoys a high reputation in the roll industry and is a famous brand product in the industry. In the current market, only two surviving companies belong to the "Lianqiang Roll" brand enterprises: one is the former Tangshan Lianqiang Metallurgical Roll Co., Ltd., and the other is Chaoyang Lianqiang Roll Co., Ltd.

It is precisely because the Lianqiang brand has a good influence in the industry. During the strategic relocation of Lianqiang rollers from Tangshan to Chaoyang City, Liaoning Province, there were some rollers with ulterior motives in the society, which produced a speculative psychology from their thoughts and actions., Add the "Lianqiang" name to the company name, use the influence of the Lianqiang brand for personal gain, and mislead customers to pay for counterfeit and inferior products, as a result, some rolling mills suffer losses due to weak legal awareness. This illegal behavior has also caused great damage to the credibility and reputation of the real Lianqiang brand. This kind of enterprise has disrupted the order of the industry, destroyed the market environment, violated laws and regulations, and caused extremely bad effects in the industry and society.

Sun Jianxun pointed out: this round of litigation, Lianqiang roller company won the final case. The following three points are fully indicated:

First, intellectual property rights are sacred and inviolable! The brand of "Lianqiang" for many years should never be violated. Once it is violated, it should be protected by law;

Second, I hope that other roll manufacturing enterprises will take Lianqiang as an example and pay attention to brand building and brand rights and interests maintenance;

Third, people and enterprises that undermine trademarks and do not respect intellectual property rights should be severely cracked down on.

In short, how can a fish be mixed up? Ghost Li cannot escape the law!

  The defendant "hitchhiked" the plaintiff's evidence is conclusive.

The antecedents and consequences of this infringement case are: on August 25, 2023, Lianqiang roller company filed a lawsuit with the third intermediate people's Court of Tianjin: first, the defendant was ordered to immediately stop using the enterprise name with the word "Lianqiang" and immediately register the name change, and the changed enterprise name should not contain the word "Lianqiang; the second is to order the defendant to immediately delete all information containing the word" Lianqiang "published through the Internet, network platforms, WeChat, etc., and to destroy the publicity materials containing the word" Lianqiang "published through paper media; the third is to order the defendant to publish The People's Court News and China Metallurgical News publicly apologized to the plaintiff and eliminated the influence.

"Lianqiang" trademark registered by the State Administration for Industry and Commerce

"Trademark Renewal Registration Certificate" issued by the State Intellectual Property Office"

 

The plaintiff's litigation facts and reasons are as follows: Tangshan Lianqiang Roll Company was established on May 6, 1993. Its business scope is to produce normal rolls and centrifugal rolls (the sewage discharge certificate is valid until July 26, 2023), and to sell the company's products. General freight; Operating the export business of the company's products, the import and export business of the required materials and equipment. Has obtained five national inventions, in the country have stable customers. It has strong brand influence and competitiveness in the industry, and has a high reputation and reputation nationwide. Its annual sales and market share have been among the best in China. Tangshan Lianqiang Company's Class 7 No. 9368556 "Lianqiang" trademark was applied on April 21, 2011, and registered by the State Intellectual Property Office on August 21, 2012. The use period is until August 20, 2032. The above facts are sufficient to show that the plaintiff's corporate name "Lianqiang" had a high market reputation before the defendant was established in 2018 and was known to the relevant public. A stable relationship has been formed between the "Lianqiang" logo and "Tangshan Lianqiang Metallurgical Roll Co., Ltd.

Tianjin Lianqiang Shengda Company was established on November 5, 2018, and roller is one of its business scope. Sun Jianxun believes that both the plaintiff and the defendant are enterprises that produce and sell rolls, and they overlap in terms of products, sales targets, and sales regions, which constitute a competitive relationship in the sense of anti-unfair competition law.

The defendant who was established later, knowing that the plaintiff's "Lianqiang" logo has a high reputation in the industry, still registered the plaintiff's registered trademark "Lianqiang" as the name of the enterprise, and engaged in the same or similar business scope as the plaintiff. Subjectively, the intention of "hitchhiking" and clinging to the plaintiff is obvious. At the same time, the defendant also poached many market operators of the plaintiff by means of high salary, using the plaintiff's customer resources and marketing channels to expand its own business, the defendant's behavior is enough to make the relevant public and market entities mistakenly believe that the plaintiff and the defendant have some kind of connection or both parties are the same market entity, which seriously damages the plaintiff's legitimate rights and interests and constitutes an unfair competition., Should be prohibited.

Aerial View of Chaoyang Lianqiang Roll Factory

 

  The defendant sophistry futile court fair judgment

Tianjin Lianqiang Shengda Company argued that there was no infringement of Tangshan Lianqiang Company's registered trademark rights and unfair competition, and requested the court to reject all Tangshan Lianqiang Company's claims in accordance with the law.

The court held that the focus of the dispute in this case is: whether the 1. defendant constitutes unfair competition; if the 2. constitutes unfair competition, the defendant should bear the civil liability.

In this case, the plaintiff Tangshan Lianqiang Company was established in 1993, and its business scope includes the production, sales and import and export of normal rolls and centrifugal rolls. "Tangshan" in the name of the plaintiff's enterprise is the administrative division, and "metallurgical roll" is the industry category in the name of the enterprise. therefore, the name of the plaintiff's enterprise should be "lianqiang". Judging from the honor and publicity submitted by the plaintiff, after years of operation, its enterprise name has gained a certain popularity and reputation in the industry, and the word "Lianqiang" is also the core part of its enterprise name. For a long time, the word "Lianqiang" has been closely related to the plaintiff, and the plaintiff's market sales cover many provinces and cities in China and even sold to many countries.

High-spirited employees of Chaoyang Lianqiang Roll Co., Ltd.

 

Defendant Tianjin Lianqiang Shengda Company was established in 2018. It produces and manufactures roll products in actual operation and has a certain output, which has a competitive relationship with the plaintiff in the field of roll operation. The defendant's use of "Lianqiang Shengda" as the enterprise name completely contains the text part of the trademark involved "Lianqiang", the two constitute a similar logo, the defendant's use of subjective behavior is difficult to justify, will lead to the relevant public to the original defendant to provide the product source or the business relationship between the two confusion. The reasons are as follows:

First of all, the plaintiff used the word "lianqiang" for its enterprise name at the beginning of its establishment in 1993, and the plaintiff was approved to register the trademark "lianqiang and map" No. 9368556 in category 7 in 2012. as an operator of the roll industry with the plaintiff, the defendant did not fulfill the duty of care to avoid the plaintiff's exclusive right to use the previously registered trademark;

Secondly, as mentioned above, the plaintiff's enterprise name has a certain popularity and reputation after long-term use and continuous publicity. As its core part, "Lianqiang" has established close ties with the plaintiff in the fields of steel rolling and metal metallurgy, which can affect relevant fields covering the whole country. Thirdly, although the plaintiff and the defendant are located in two administrative regions, the actual distance is relatively close, and the defendant has actual contacts with the former employees of the plaintiff, such as related businesses, the defendant shall be aware of the plaintiff's business name and registered trademark.

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Sun Jianxun (right), general manager of Chaoyang Lianqiang Roll Co., Ltd., inspected the workshop.

 

Chaoyang Lianqiang Roll Co., Ltd. exports Russian rolls.

 

To sum up, the court held that, first of all, the enterprise name has the function of identifying the operator or the source of goods or services provided by it, and the defendant will use the word "Lianqiang" in the plaintiff's prior registered trademark and the name of the enterprise with certain influence, which infringes upon the plaintiff's legitimate rights and interests, constitutes unfair competition, and should bear corresponding civil liability.

In accordance with Article 58 of the Trademark Law of the the People's Republic of China, Articles 6 and 17 of the the People's Republic of China Anti-Unfair Competition Law, and Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Civil Dispute Cases concerning Conflicts between Registered Trademarks, Enterprise Names and Prior Rights, the court's judgment is as follows:

The 1. defendant Tianjin Lianqiang Shengda Metal products Co., Ltd. shall change the name of the enterprise within 60 days from the effective date of this judgment, and the changed enterprise name shall not contain the word "Lianqiang;

The 2. defendant Tianjin Lianqiang Shengda Metal Products Co., Ltd. shall compensate the plaintiff Tangshan Lianqiang Metallurgical Roll Co., Ltd. for economic losses and reasonable expenses for rights protection within 10 days from the effective date of this judgment, totaling 50000 yuan;

This judgment is final.