It is reported that Anhui Expressway Real Estate Suzhou Company developed a real estate in Xiangcheng District of Suzhou City. When it was sold to the outside world, the real estate project was named "Diaoyutai Villa", and it was widely publicized with the words "Diaoyutai Villa" and "Gusu Diaoyutai" (simplified and traditional) on the company website, the sales site and the brochure of the real estate.
it is understood that the company also named the second phase of the real estate developed and sold as "Fangfeiyuan", which is a word difference from the building "Fangfeiyuan" in Diaoyutai State Guesthouse, and used slogans such as "How many people can sit in Diaoyutai in ancient and modern times" and "Take Diaoyutai home from Beijing, and tell the story of the son of heaven in those days" in its website.
after the discovery, MGM Diaoyutai Company sued the company to the court, requesting to order Suzhou Company of Anhui Expressway Real Estate to stop the infringement, stop using Diaoyutai as the property name and apply to the relevant administrative department for change, and compensate its economic loss of 1 million yuan and reasonable expenses for rights protection of 154, yuan.
judge in charge: it is a common phenomenon in trademark infringement to be near famous brands. In this case, the defendant named the property he developed as "Diaoyutai". Subjectively, with the help of the reputation of Diaoyutai State Guesthouse and the "Diaoyutai" trademark, it is easy to induce the public to associate and misunderstand, and the attachment is obviously malicious, which constitutes trademark infringement.