LOGO dispute of tourist home

Hainan Tourism Channel brought a lawsuit to the court for trademark copyright dispute with JD.COM Company and Aimeide Tourism Products Company (hereinafter referred to as Aimeide Company). In the lawsuit of first instance, the court decided to impose a fine of 6,543,800 yuan on Aimeide Company for providing false key evidence in the lawsuit. After reconsideration, this morning, Beijing Intellectual Property Court upheld the judgment of the court of first instance, which is the highest punishment for perjury.

On 20 13, the travel channel sued the Daxing court, claiming that its satellite TV was the only professional travel channel in China, and the logo used was officially launched as early as July 2004, and the copyright of the logo also belonged to the travel channel. Aimeide Company registered the logo involved as a trademark without authorization and used it in its travel luggage products. It also publicizes and sells to the public through online shopping malls such as JD.COM Company. The illegal income is huge, which seriously infringes the copyright of the logo involved and causes huge losses. Therefore, the two companies are required to compensate for the loss of 2 million yuan.

In the first-instance lawsuit, Aimeide Company provided a number of key evidences to prove that it used the controversial logo earlier than the travel channel.

However, the court of first instance found that the original contract with controversial marks provided by Aimeide Company and the attached mobile phone number were activated later than the contract signing date. The relevant certificates issued by the National Technical Committee for Standardization of Leather Industry were also issued by Zhao, the person in charge of the Committee, who used his position management relationship to stamp the official seal privately. In addition, the rest of the evidence provided by Aimeide Company is also forged.

Accordingly, the court of first instance sentenced Aimeide Company to a fine of 6,543,800 yuan, and ruled that it lost the case. Because the Leather Standardization Committee and its director Ye Zhao participated in the activities of forging evidence, they decided to fine the Committee 654.38 million yuan and Zhao 654.38 million yuan.

Aimeide Company and other three parties refused to accept the first-instance decision, filed a reconsideration with the intellectual property court and appealed the case. On April 20 15, the intellectual property court made a reconsideration decision, upheld the first-instance punishment decision, and ruled that the appeal of Aimeide Company was rejected.