The court heard the case in public on November 26, 2018.
The above infringement of trademark rights committed by CSCEC global also constitutes the unauthorized use of other people’s enterprise names, which leads people to mistakenly believe that it is an unfair competition for other people’s goods.
In addition, “CSCEC”, “CSCEC” and “CSCEC” are also the enterprise names of CSCEC.
Entrusted agent ad litem: Li Jiazheng, lawyer of Nanjing knowledge (Jiangbei new area) law firm.
Civil judgment of first instance between CSCEC and CSCEC Global Construction Group Co., Ltd.
(hereinafter referred to as CSCEC global), the court accepted it on January 13, 2016 and formed a collegial panel in accordance with the law.
The “CSCEC” logo used by CSCEC universal in its office space is the same and similar to the “CSCEC” Trademark No.
source: China judicial document network # 2019-05-29 case No.: (2016) Jing 73 min Chu No.
Entrusted agent ad litem: Xie Guanbin, lawyer of Beijing cube law firm.
Third, the “CSCEC” logo used by CSCEC global in its office space is exactly the same as the “CSCEC” trademark of CSCEC No.
Legal representative: Guan Qing, chairman.
5640152 “China Construction”.
5640343 of CSCEC, and its main business is the same as the approved service category of “CSCEC” Trademark No.
The defendant, CSCEC global, refused to accept the ruling and appealed.
Address: No.
* * Sanlihe Road, Haidian District, Beijing.
The approved use services are construction supervision, construction information, maintenance information, construction, factory construction, warehouse construction and repair.
The court made a ruling on November 6, 2017: rejecting the objection raised by the defendant CSCEC universal to the jurisdiction of the case.
5640343, which is easy to lead to confusion and misunderstanding by the relevant public.
In addition, CSCEC also enjoys the exclusive right to use the registered trademarks No.
Fourth, CSCEC global introduced in its official website “service projects” that “the company’s predecessor was the project management department directly under the system of China State Construction Engineering Corporation, which carried out asset restructuring with the legal entity directly under Jiangsu SASAC on March 21, 2002…”, and introduced the working experience of some of its personnel in CSCEC system in the “senior management team” section, The above facts are untrue and constitute false publicity as stipulated in Article 9 of the anti unfair competition law..
CSCEC global uses the “CSCEC global” logo in prominent positions in its office and construction sites, completely replicating the “CSCEC” Trademark No.
22 plaintiff: CSCEC defendant: CSCEC Global Construction Group Co., Ltd.
Entrusted agent ad litem: Shang Yaqiong, lawyer of Nanjing knowledge law firm.
The defendant, CSCEC global, raised an objection to the jurisdiction of the case during the defense period.
895822, and its main business is the same as the approved service category of “CSCEC” Trademark No.
* Gaoxin Road, high tech Zone, Nanjing, Jiangsu Province.
CSCEC has the right to bring a lawsuit in its own name against the infringement of the trademark before and during the transfer.
After hearing the case of trademark infringement and unfair competition dispute between the plaintiff China Construction Corporation Limited (hereinafter referred to as CSCEC) and the defendant CSCEC Global Construction Group Co., Ltd.
Xie Guanbin and Zhang Lei, the entrusted litigation agents of the plaintiff China Construction Corporation, and Li Jiazheng and Shang Yaqiong, the entrusted litigation agents of the defendant CSCEC global, attended the court.
5640152 and similar to the “CSCEC” Trademark No.
Legal representative: Ma Yajun, chairman.
As early as before the establishment of CSCEC global corporation, that is, before March 20, 2008, after continuous publicity and use, the trademark has been highly known and influential among the relevant public in China and even the world in terms of construction services, and constitutes an unregistered well-known trademark.
The trademark applied for registration on September 29, 2006 and was approved for registration on December 28, 2009.
5640343 “CSCEC” and No.
Entrusted agent ad litem: Zhang Lei, lawyer of Beijing cube law firm.
The above-mentioned acts of CSCEC global infringed the trademark right of CSCEC.
The Beijing Higher People’s court made a ruling on June 13, 2018: rejecting the appeal and upholding the original ruling.
895822.
5640343.
Second, CSCEC global registered the enterprise name with the name of “CSCEC”, used the full name of the enterprise and the “CSCEC global” logo in the prominent position of the construction site, office space and its official website, and engaged in the same or similar services as the trademark involved, misleading the public and constituting unfair competition.
The trial of this case has been concluded.
Defendant: CSCEC Global Construction Group Co., Ltd.
895822 “CSCEC”, and the approved services are construction information, construction, etc.
law firm: Beijing cube law firm, Nanjing knowledge (Jiangbei new area) law firm, Document body of Nanjing intellectual property law firm civil judgment of Beijing Intellectual Property Court (2016) Jing 73 min Chu No.
Address: No.
22 party information plaintiff: CSCEC.
The plaintiff appealed to the plaintiff China Construction Corporation, which sued that: first, China Construction Corporation is the exclusive owner of the Trademark No.
