Win the case of unfair competition of unauthorized use of brand in court
On behalf of client, our law firm sue defendant for the issue of unfair competition in court, and win this case finally.
In this case whether the use of “a” in enterprise name of defendant B constituted unfair competition.
According to item (2) of Article 6 of the Anti Unfair Competition Law of the people’s Republic of China, the unauthorized use of an enterprise name (including short name, brand name, etc.) that has a certain influence on others leads people to mistakenly believe that it has a specific connection with others, which constitutes an act of unfair competition.
In this case, the business scope of plaintiff and defendant B includes the sales, testing and maintenance of measuring equipment, which belongs to competitors. “A” is not only the plaintiff’s brand name, but also the registered trademark of plaintiff. Its brand name and registered trademark were registered earlier than defendant B was established. After a long time of use and publicity by plaintiff, “a” brand and trademark have had a certain influence and popularity in the industry.
Defendant B, founded in 2020, knew or should have known that the “a” brand and trademark were registered and used first, but did not make reasonable avoidance, nor did he explain that there was a reasonable reason for his use of the “a” brand. His registration and use of the “a” brand obviously had malicious intention of attaching to the plaintiff’s goodwill, which would objectively lead to the mistaken belief that he had a specific connection with the plaintiff and constituted unfair competition.