Puyi Glasses sued Yongzheng Glasses? Netizen: "Normally they wouldn't collide..." Behavior | Trademark | Glasses
Recently, the trademark infringement case of Puyi Glasses suing Yongzheng Glasses has attracted attention. In May 2023, the Haidian District Court of Beijing supported the plaintiff's application for a preservation injunction on behalf of the law firm, explicitly requiring the defendant to immediately cease using the same or similar trademark identification as the plaintiff in its commercial activities.
The left is the trademark of "Puyi Glasses", and the right is the trademark of "Yongzheng Glasses"
According to Beijing Tianchi Juntai Law Firm, the plaintiff's representative law firm, in June 2022, Zhongya Co., Ltd., which belongs to "Puyi Glasses", discovered two "Yongzheng Glasses" stores in Wuhan City, with a straight-line distance of only four kilometers from the "Puyi Glasses" store it operates, which is prone to confusion and misidentification by consumers.
After analysis, the law firm believes that although there are certain differences in pronunciation, form, and meaning between the Chinese part of the identification "Puyi Glasses" and "Yongzheng Glasses", overall considering the popularity of "Puyi Glasses" and the malicious attachment and imitation of "Yongzheng Glasses", the use of "Yongzheng Glasses" is sufficient to cause confusion and misidentification among consumers, suspected of constituting trademark infringement.
In September 2022, Tianchi Juntai represented Zhongya Company in filing a trademark civil infringement lawsuit with the Haidian District People's Court in Beijing. Considering that "Yongzheng Glasses" store has many offline stores in Wuhan and sells on multiple online platforms, the infringement behavior is relatively serious. Therefore, in December 2022, Tianchi Juntai filed an action preservation application to the court, requesting the court to immediately stop the trademark infringement of the "Yongzheng Glasses" store. On May 23, 2023, the Haidian District Court held a hearing on behavior preservation and made a civil ruling on the trademark infringement dispute case in court, explicitly requiring the defendant to immediately stop using the same or similar trademarks as those enjoyed by Zhongya Company in its commercial activities in the form of an injunction.
After the lawsuit against Yongzheng Glasses by Puyi Glasses attracted attention, netizens joined in teasing the "army".
Some netizens said, "Normally they wouldn't collide," and "Huang Taiji said he has something to say."; Some netizens seriously discussed which emperors in the Qing Dynasty wore glasses - "But Yongzheng didn't wear glasses" and "Yongzheng wore more, Qianlong didn't wear glasses"; Some netizens have returned to the topic, pointing out the issue of trademark similarity - "To be honest, isn't this design just copying and pasting?".
It is understood that behavior preservation is a compulsory measure taken by the court upon application against the infringement or potential infringement of relevant parties to avoid undue harm to the interests of the parties or interested parties. It is an important legal means for timely and effective protection of intellectual property rights.
It is understood that the court's support for the plaintiff Zhongya Company's application for preservation of behavior actually took into account many factors and made a very cautious decision on preservation of behavior. Firstly, Zhongya Company has a legal and stable foundation of rights. Secondly, "Yongzheng Glasses" is highly similar to "Puyi Glasses", which is likely to cause confusion and misunderstanding among consumers. On this point, the China National Intellectual Property Administration also determined that "Yongzheng Glasses YONGZHENG OPTION" and "Puyi Glasses PUYI OPTION" constitute similar trademarks in the previous administrative procedures for trademark opposition, which violates Article 30 of the Trademark Law, and then decided that "Yongzheng Glasses YONGZHENG OPTION" should not be approved for registration.
Once again, if the application is not stopped, it will cause irreparable damage to the reputation and brand reputation of Zhongya Company. Finally, adopting behavioral preservation measures will not cause undue harm to the respondent, that is, the preservation does not prohibit the normal operation of the respondent's eyewear store or the legitimate operation of their products through legal means, and will not have adverse effects on the public interest. In addition, Zhongya Company also provided a guarantee of 1 million yuan. Based on various factors mentioned above, the court has issued an injunction on preservation of conduct.
