Paint market two tigers competing, "double tiger" sue "two tigers", this company by the brand name was severely punished

on the occasion of the 19th World Intellectual Property Day, on the morning of the 24th, the Hubei Provincial High People's Court held a press conference to inform the 2018 Hubei Court of the judicial protection of intellectual property rights work and typical casesShuanghu was founded on November 8, 2002, when the name of Wuhan Shuanghu Architectural Coatings Marketing Co., Ltd., after several name changes, on January 20, 2011 changed to Shuanghu Company, the scope of business for coatings and other products manufacturing and salesLino is a shareholder of Shuanghutwo tigers were founded on January 4, 2012, the scope of business for the production and sale of water-based paint, its registered trademark pattern and double tiger company is more similarXianning Intermediate People's Court held that the trademarkused by the two Tigers was a registered trademark approved in accordance with the law after examination and approval by the relevant state authoritiesThe evidence submitted by Lino and Shuanghu company can neither prove that the two tiger companies have infringed on their registered trademarks, nor can they prove that the two Tigers have unfair competition, so the judgment rejects all the claims of Lino and ShuanghuAfter the first instance of the, Shuanghu filed an appeal against the first-instance judgmentHubei Provincial High People's Court believes that the two tiger companies and shuanghu companies are engaged in paint and coating production enterprises, the two enterprises belong to the Hubei region, with direct competition relations, Shuanghu was founded in 2002, since the beginning of the establishment of "Double Tiger" as its enterprise name in the font size of the use, with a high visibilityand the two tiger companies were incorporated on January 4, 2012, as practitioners in the same industry, the "double tiger" brand and double tiger company should know, in the registration of the same business scope of enterprises should be reasonable concessionsHowever, it will still be very similar to the "double tiger" meaning of the "two tigers" as the enterprise name registration, this can not be reasonable explanation, subjectively obviously has "free ride" "by the brand name" intentional, in violation of the market operators should follow the principle of good faith and recognized business ethics, but also damage the legitimate rights and interests of the double tiger company, the two tiger company's behavior on the double tiger company constitutes unfair competitionthe final judgment of the Hubei Provincial High People's Court: First, the first instance judgment, the second, two tiger companies immediately stop unfair competition, that is, not to use "two tigers" as the name of the enterprise, two tiger companies to the industrial and commercial departments to handle the enterprise name change procedures;