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Use famous label to make company name also tort
From;  Author:Stand originally

Author: King gem
"Bird of announce good news " it is brand of our country famous dress, this brand is in early was maintained to be Chinese well-known logo by administration 2002. Dress agency Bai Mou was obtained through accredit " bird of Hong Kong announce good news " the access of company name and brand, and was used on the clothing that its sell " group of dress of bird of announce good news (Hong Kong) limited company " the name. "Bird of announce good news " brand obligee sues Bai Mou because of brand tort and unfair competition. Court of this case first instance, 2 careful all adjudicates Bai Mou forms brand tort, disuse " bird of announce good news " as firm.
Mark registers will famous business to be used for company firm, it is to draw near famous brand person one of idiomatic methods. Be in our country, the conflict of brand and firm is a special a Gordian knot, because the enrollment of firm works to be in dispersedly the industrial and commercial bureau of above of each county class, brand is unified register by national brand bureau. Although brand and firm are the same as dependency home government of industrial and commercial system, but because be,two kinds register system, still cannot realize a data to share at present, conflict produces between these two kinds of rights inevitable. If say, passivity creates this kind of conflict, so, another kind of conflict of brand and firm is created to come out by ill will, the loophole that exploits two kinds to register system namely is achieved draw near the purpose of famous brand. Bai Mou's behavior belongs to this kind.
The conflict that ill will creates should assume tort responsibility, in baleful conflict, what law protects is prevenient right. The court is found out " bird of Hong Kong announce good news " the enrollment of name of this one company time is later than apparently " bird of announce good news " the enrollment of brand time, its name does not make prevenient right. Regard dress as agency, what Bai Mou knows company of bird of announce good news apparently is famous degree, but still obtain accredit to use " bird of announce good news " for the name, have climb add " bird of announce good news " the suspicion of brand, when " bird of announce good news " after making celebrated trade mark, this is climbed add become a fact. Use on the dress that the court thinks Bai Mou is sold in its have " bird of announce good news " company name of the character is to be tagged normally, not be outstanding " bird of announce good news " character, but " bird of announce good news " because be well-known logo and enjoy in relevant public very tall famous degree, because this is used in Bai Mou " bird of announce good news " regard an enterprise as the name, unlike the conflict that normally the circumstance issues firm advantageous position and kindness of trade mark right, make relevant public generation associates easily, let consumer contact this product and look of company of bird of announce good news by accident, cause thereby right " bird of announce good news " of brand damage, this attributes brand tort action apparently.
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