news

한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina

Sanyan Technology reported on July 24 that the second-instance judgment of the case of "Lixiang Auto suing Lixiang Film Factory" was recently announced. Zhu Yuhao, the boss of Lixiang Film Factory, posted a video saying that the second-instance judgment of the Provincial High Court on this case was to revoke the first-instance judgment and send it back for retrial.

The High Court held that in this case, Zhu Yuhao had been using the "Ideal" logo in the sign of the prior store he operated since 2012. The act of using the accused "Ideal" logo in the sign of the store involved in the case was a succession and continuation of Zhu Yuhao's use of the "Ideal" logo in the sign of the prior store, and constituted prior use.

The first instance court should ascertain the actual operating entity of the store involved in the case, whether Zhu Yuhao’s use of the “Ideal” logo in the front and back store signs was inherited and continuous, whether the “Ideal” logo used by Zhu Yuhao in the store sign in the case had a certain influence before CHJ Automotive Co., Ltd. applied for registration of the case, and whether the goods approved for use by CHJ Automotive Co., Ltd.’s trademark in the case and the services provided by New Ideal Co., Ltd. constitute similar goods and services.

On this basis, it should be accurately determined whether the use of the allegedly infringing "ideal" logo in the shop sign involved in the case constitutes prior use, and whether the alleged infringing behavior of New Ideal Company infringes the trademark rights of CHJ Home Furnishing Co., Ltd. In the end, the second-instance judgment revoked the first-instance judgment and sent it back for retrial.

However, Zhu Yuhao said that although the case will be retried, it is still uncertain what the outcome will be.