Case Represented by Funto for Guangzhou Zhujiang Cable Co., Ltd. Selected Among Top 10 Typical Intellectual Property Judicial Protection Cases Released by Zhongshan Intermediate Court
来源:本站 时间:2025-04-26 浏览:5
On April 26, 2025, the Zhongshan Intermediate People's Court released the "Top 10 Typical Cases of Intellectual Property Judicial Protection," which included the unfair competition dispute case represented by Funto Law Firm for Guangzhou Zhujiang Cable Co., Ltd. against a Guangdong cable company et al.
The typical significance of this case lies in the following points:
There exists a positive correlation between a company's trademark and its trade name. A well-known trademark can enhance the recognition of the company's trade name. Once a trade name has acquired distinctiveness and reputation, even if it contains generic terms, it can establish a specific association with the company. At this stage, competitors within the same industry should avoid using trade names that have already gained reputation, to prevent confusion or misidentification among the relevant public. An administrative act by an administrative authority, which refuses to revoke the defendant's trade name, is based on a review of the legality of the initial registration at the time of the defendant's establishment, conducted under the circumstance that a judicial authority has not yet determined the trade name to be infringing. This administrative review differs in scope from the judicial examination of whether the defendant's trade name constitutes unfair competition. Therefore, the administrative act, performed as part of the authority's executive functions, does not automatically serve as the basis for the judicial authority's fact-finding. The judicial authority can make an independent judgment based on the legal relationship and facts between the parties involved.