The more examples of dishonesty in business, the better ~ ~ ~

Plaintiff: Nanjing Xuezhong Cai Ying Wedding Photography Co., Ltd. Defendant: Shanghai Xuezhong Cai Ying Wedding Photography Co., Ltd. Jiangning Branch ... Defendant: Shanghai Xuezhong Cai Ying Wedding Photography Co., Ltd.1On September 22nd, 993, Nanjing Xuezhong Cai Ying Company, a wholly-owned Taiwanese company, was incorporated in Nanjing Administration for Industry and Commerce. Its business scope includes photography, printing, renting dresses and limousines, as well as beauty, hairdressing and related supporting services. 1996165438+10, Cai Ying company in the snow applied to the state trademark office for registration of "Cai Ying in the snow" word mark, and the approved service item was Class 42 photography. The registration time is1996165438+1October 14 until 2006. In 2004, Nanjing Xuezhong Cai Ying Company won the "World Chinese Professional Wedding Photography Award" and the "Award Certificate" issued by the Asia-Pacific Chinese Professional Portrait Photography Exchange Agency. The certificate records: "Cai Ying Wedding Studio in Nanjing Snow won the Top Ten Brand Award of Chinese Wedding Photography in the World in 2004, with remarkable achievements. This certificate is issued by unanimous approval of the international jury of this association. " After more than ten years of operation, Nanjing Xuezhong Color Shadow Co., Ltd. has a high reputation in Nanjing wedding photography industry. On July 7th, 2004, Wang Cheng, the founder of Shanghai Xuezhong Cai Ying Company, signed a house lease contract with Shanghai Baoyi Economic Development Company, and rented Room 288, B North, No.10 Baoshan Village 18, Baoshan District, Shanghai as an office building with an area of 8 square meters and an annual rent of 1460 yuan. On July 20th, 2004, Shanghai Xuezhong Cai Ying Company was registered in Shanghai Administration for Industry and Commerce, and its business scope was wedding photography, dress rental and sales. On July 30th, 2004, Shanghai Xuezhong Cai Ying Jiangning Branch was incorporated in Jiangning District, Nanjing. Its business scope is also wedding photography, dress rental and sales. Its business place is Building G, Wenzhou Commercial Street, Dongxin South Road, Dongshan, Jiangning District 10 1. The signboard at the entrance of this branch and the signboard in the store are marked with "Shanghai Xuezhong Cai Ying Wedding Photography Co., Ltd. (Jiangning Branch)", in which the font of "Shanghai Xuezhong Cai Ying Wedding Photography Co., Ltd." is obviously prominent and the font of "Jiangning Branch" is smaller. The photo sheet and cashier sheet of the branch are marked with the words "Cai Ying Wedding Photography Co., Ltd. in the Snow (Jiangning Branch)". In the course of operation, the branch also distributed colorful leaflets highlighting the words "Shanghai Cai Ying Wedding Photography Co., Ltd.", as well as "Boutique Wedding Photography Chain", "Take Boutique Wedding Photography, Choose Cai Ying in Shanghai Snow" and "Dynamic Exhibition of Cai Ying's Best Dress in Shanghai Snow". In August 2004, after discovering the business activities of the two defendants, the plaintiff requested Nanjing Administration for Industry and Commerce to investigate and deal with them. In 65438+February of the same year, the plaintiff filed a lawsuit, requesting to order the two defendants: 1 to immediately stop the infringement of the registered trademark of "Cai Ying in the Snow"; 2. Apologize to the plaintiff, and publish in the newspaper to eliminate the bad influence brought to the plaintiff by using the name of "Color Shadow in the Snow"; 3, compensation for economic losses of 500 thousand yuan; 4. bear the litigation costs of this case. Before the trial of this case, the plaintiff applied for an additional claim, arguing that the actions of the two defendants constituted unfair competition at the same time, and requested that the two defendants immediately stop unfair competition, stop using the name "Cai Ying in the Snow" and change the name and font size. The court granted the plaintiff's application to increase the claim, and re-specified the time limit for proof and defense according to the requirements of the two defendants. The two defendants argued that the plaintiff's request for litigation after the expiration of the time limit for adducing evidence specified by the court did not conform to the Provisions of the Supreme People's Court on Evidence in Civil Litigation and the principle of "ne bis in idem", so the court should not allow it, and the plaintiff should sue separately. The business names of the two defendants were legally registered, legally operated and standardized, and did not infringe the trademark rights of the plaintiff. The plaintiff's trademark and enterprise name are not obvious, and the customer accepts the defendant's service based on its good service, rather than being influenced by the name "timely help". There are many wedding photography companies named after "colorful shadows in the snow" all over the country, but the plaintiff did not stop them. Request to dismiss the plaintiff's claim according to law. [Trial] The Intermediate People's Court of Nanjing City, Jiangsu Province held through trial that Article 126 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if the plaintiff increases the claim, the defendant files a counterclaim, and a third party files a claim related to this case, they can be tried together. The plaintiff Nanjing Xuezhong Cai Ying Company initially filed a trademark infringement lawsuit. Before the trial, based on the same facts, it added the litigation reasons and requests of unfair competition. Although the claim and the trademark infringement claim are based on the same facts, they are different legal relations. Nanjing Xuezhong Cai Ying Company has the right to request the court to make a determination at the same time, which does not conflict with the principle of "no matter what". The determination of trademark infringement and unfair competition is related in this case. The joint trial is beneficial to the litigation economy, and the court gives the defendant the opportunity to supplement the defense and re-prove, without damaging the defendant's litigation rights. According to the relevant provisions of China's Trademark Law, Nanjing Cai Ying Company in Snow has the right to prohibit others from using "Cai Ying in Snow" or words similar to "Cai Ying in Snow" to mark service sources and conduct commercial activities in photography or similar services. Although the corporate names of Shanghai Xuezhong Cai Ying Company and Shanghai Xuezhong Cai Ying Jiangning Branch contain the same words as the registered trademarks of Nanjing Xuezhong Cai Ying Company, Shanghai Xuezhong Cai Ying Jiangning Branch has norms in its corporate door plaque, photography orders, store cashier orders and advertising leaflets.