Case of infringement of other people’s name rights.
Case 1
Between 2000 and 2001, the plaintiff Xu Cheng was sent by the Admissions Office of a certain city to the Admissions Office of a subordinate district to assist in the enrollment of technical secondary schools and technical schools. In August 2000, the defendant Li Hua wrote a letter of complaint to the Provincial Admissions Office in the name of "Xu Cheng", claiming that candidate Zhang Jian "did someone else take the entrance exam under his/her name".
He also stated in the letter, “I am a cadre of the Municipal Admissions Office, and I am currently assisting the Admissions Office of a certain district in the enrollment of technical secondary schools and technical schools this year. I have the responsibility and obligation to report this matter, in line with the national In the spirit of being responsible for the school and Zhang Jian himself, we sincerely request the leaders of the Provincial Admissions Office to investigate and deal with this matter." After receiving the letter, the Provincial Admissions Office carefully investigated and verified the matter and conducted a handwriting appraisal on the examination paper.
On August 28, the Provincial Admissions Office replied to "Xu Cheng", explaining that "it was Zhang Jian who took the exam himself, and there was no imposter." After receiving the letter, Xu Cheng felt baffled and reported the matter to the Municipal Admissions Office and relevant departments, requesting an investigation into the truth.
In March 2001, it was identified that the report letter was written by the defendant Li Hua. During the seven months of investigation, evidence collection and appraisal, Xu Cheng suffered a certain amount of mental damage due to high mental pressure. ?
Case 2
In order to catch up with her boyfriend, Lin, who was assigned a room in the unit, Jiang lied because he was not of legal age for marriage and could not go through the marriage registration procedures. He claimed that his ID card had been lost and asked Zhang to borrow his ID card on the pretext that he needed a resident ID card to purchase imported medicines.
Subsequently, Jiang pretended to be Zhang’s name and went to his unit to issue a marriage registration letter of introduction, took Zhang’s public account book, and went to the Civil Affairs Bureau with Lin to get married. Registration procedures.
Jiang’s counterfeiting was later discovered by Zhang. Zhang believed that Jiang’s counterfeiting violated his right to name and suffered strong social pressure and mental shock, so he demanded compensation from Jiang. A loss of 5,000 yuan and an apology was made.
Case 3
Plaintiff A is a shareholder and director of a company. When A did not participate in the board of directors, Director B directly forged A’s signature on board resolutions and other documents, resulting in A became the chairman and legal representative of the company.
A believes that B’s behavior was an official act of the company. Therefore, the company misappropriated his name without his consent and violated his right to name. He requested the court to confirm the infringement fact of the above-mentioned name theft and requested the defendant company to withdraw the name. Relevant industrial and commercial registration, elimination of impact, apology, and compensation for losses.
Case 3
The trademark No. 3562067 "Yi Jian Lian" (the disputed trademark) was filed by Minle Company, a non-party in the case, with the Trademark Office of the State Administration for Industry and Commerce (State Administration for Industry and Commerce) in May 2003. (hereinafter referred to as the Trademark Office) filed a registration application and was approved for registration in September 2005. Its exclusive period is until September 2015. The approved products are Class 25 clothing, judo uniforms, football shoes, etc.
In May 2009, with the approval of the Trademark Office, the disputed trademark was transferred to Yi Jianlian Sports Goods (China) Co., Ltd. (hereinafter referred to as Yi Jianlian Company). In March 2006, Yi Jianlian requested the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) to revoke the disputed trademark.
During the review, evidence such as a printout of the Sina website submitted by Yi Jianlian stated that Yi Jianlian has been engaged in basketball training since 1999 and was selected for the Guangdong team in 2002 and the national youth team in the same year. In 2002, he won the Asian Youth Basketball Championship and in 2003, he won the runner-up in the National Men's Basketball League A.
The web page was printed in March 2006. In November 2009, the Trademark Review and Adjudication Board issued Trademark Zi [2009] No. 33584 "About the Trademark Dispute No. 3562067 "Yi Jian Lian"", finding that: Yi Jian contacted my country's famous basketball players and had already registered the disputed trademark before applying for it. Has a certain social reputation.
Yi Jianlian’s company applied for a registered trademark for words with the same name as Yi Jianlian without Yi Jianlian’s authorization, which infringed on Yi Jianlian’s right to name and violated the provisions of Article 31 of the Trademark Law. Ruling: The disputed trademark shall be revoked. Yi Jianlian Company was dissatisfied and filed an administrative lawsuit.
Case 4
A few years ago, Mr. Gao signed an off-plan property purchase and sale contract with a real estate development company, stipulating that the real estate company guaranteed to provide Mr. Gao with the property within one year from the date he moved in. When handling house property rights procedures, if the measured area of ??the existing house changes from the predicted area of ??the off-plan house, relevant taxes and fees will be paid based on the measured area.
Shortly after Mr. Gao moved in, the real estate company notified him to pay the deed tax, transfer fee and stamp tax required to apply for the property ownership certificate. Mr. Gao paid all the fees and gave his personal seal to the real estate company. Because the actual measured area of ??the off-plan house purchased by Mr. Gao is larger than the predicted area, when applying for the property ownership certificate, it is necessary to re-sign the "Beijing Domestic Commercial House Sales Contract" based on the actual measured area.
In the presence of Mr. Gao, the real estate company filled out three copies of the "Beijing Domestic Commercial Housing Sales Contract" with the same content. At the same time, Mr. Gao's name was filled in at the signature place of Party B and stamped with Gao. Mr.'s personal seal.
Half a year later, the real estate company handed over the property ownership certificate of the house, the new contract and Mr. Gao's personal seal to Mr. Gao, and explained to him that the new contract was signed for the purpose of obtaining the real estate certificate, and both parties still used it. Old off-plan property purchase and sale contract.
Mr. Hou Gao filed a lawsuit in Tongzhou Court, claiming that he was unaware of the signing of the new contract and that many terms beneficial to him were reduced in this contract. The real estate company used his name for its own convenience and infringed on his interests. It required the real estate company to admit its mistake, apologize and pay 2,000 yuan in moral comfort.
During the litigation process, the real estate company argued that our company used Mr. Gao’s name for his benefit, and that our company and Mr. Gao actually performed the old contract, which did not cause any economic or mental losses to Mr. Gao. , does not constitute an infringement of his right to name.
Case 5
In June 2005, the defendants Wang and Li were preparing to register for marriage. Because Li's family moved and their household registration was lost, they were unable to register their marriage. Wang then found relatives of his brother-in-law's aunt's family (the plaintiff Fang's family) and said that his fiancée's household registration was lost and he could not apply for marriage registration. He wanted to use Fang's household register and ID card with Li's photo to register for marriage.
At that time, Fang was working abroad and only her parents were at home. Her parents wanted to just borrow their daughter’s household registration book and ID card, and there would be no problem, so they agreed to lend their daughter’s ID card and household registration book to Wang. use. On June 24, 2005, Wang and Li registered their marriage, and Fang's name was on the marriage certificate.
When someone from the rear came home from work and learned about this, he found Wang and Li and asked them to register their marriage using their real names. On September 5, 2005, Wang and Li went to the registration authority to apply for divorce, and then re-registered their marriage on September 8, 2005 under the real names of both parties. The word "divorced" was left on Fang's household registration book, which caused her boyfriend to misunderstand that she had a "marriage history", so he had no choice but to appeal to the court.