at the end of 2006, Nanjing Hanzhoung Gate Street, Auchan supermarket upstairs a "Xicihutong" sale price, because of the same name and "Xicihutong website", the real estate has just appeared, won the attention of people. But the site is not happy, accusing the development of the famous brand, and set out to fight. One is the real estate, a website, a long-running trademark dispute two originally irrelevant "Xici". Recently, the lawsuit ended in triumph.
property named "Xici"
"Xicihutong" real estate is located in Hanzhoung street, Auchan supermarket upstairs, project a total of only three floors, one of the smallest apartment layout is only 19 square meters, the main city of Nanjing has created a record of the smallest apartment layout. In 2006 the project has just appeared, big names have attracted people’s hot.
Nanjing most users know that "Xicihutong website is a comprehensive community website has a large number of users in Nanjing. At first, it was thought that the property and the site is a family, but was unanimously denied by both sides. The website accused said, "Xicihutong website was founded in early 1998, and this property is obvious in near the famous".
real estate agents Nanjing Real Estate Investment Consultants Limited (hereinafter referred to as synchronous company) general manager of history just recalled, when "Xici" this name never violated the interests of the website. "This project is Xianfang, as a result of the transformation in the apartment layout design re positioning, to create fine decoration of large-sized apartment apartment, the three layer of every floor is long and narrow, a bit like alley, so they think of the name of the xicihutong."
The history of
just said, just began to think of the name, also have concerns with the website name whether tort, but consider this case in accordance with the project location, and has previously consulted legal advisers, lawyers say "Xicihutong website scope does not include real estate, real estate will not use this name tort.
sued for patent infringement by the wall
"Xici" after the opening of sales, but then came the lawsuit. "Xici" website reported to the Nanjing intermediate people’s court to stop the infringement and claim 300 thousand yuan, in October 16, 2007, the Nanjing intermediate people’s court accepted the case.
website on the grounds that the real estate aspects without authorization to use the name of foreign promotion, sales, is in a "Xici" brand awareness and brand effect of the ride, to seek illegitimate interests, infringement of trademark rights on the website.
case, the website has been the "West Temple" and "Xici" registered as a trademark, the main business scope is the network, are not involved in real estate. The site that one of the most important reason is: "property infringement Xicihutong" has become a well-known trademark "as everyone knows".
"if it is a well-known trademark, then the scope of protection is relatively wide, even in other areas, other people can not just make"