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Due to infringement of its trademark right, American Auto Parts Corporation sued Beijing San Ai Ruixing Auto Parts Co., Ltd. to the court and demanded that it stop the loss of infringement and requested to confirm that the trademark in question was a well-known trademark. A reporter recently learned that the first instance of the Second Intermediate People's Court dismissed the US Auto Parts Corporation's claim.
On June 1, 1999, American Auto Parts Corporation authorized Beijing San Ai Ruixing Auto Parts Co., Ltd. to fully use American Auto Accessories, Inc. Dealing with China related business with 3ARacing's name and trademark. On January 1, 2002, American Auto Parts Corporation registered the "3 ARACING" trademark in the United States Patent and Trademark Office. The registered goods are auto parts. The registration period is valid for 10 years.
U.S. Auto Parts Corp. filed a lawsuit claiming that since September 1, 2003, after the company terminated the authorization of Beijing San Ai Ruixing Auto Parts Co., Ltd., Beijing San Ai Ruixing Automobile Parts Co., Ltd. ignored the notice of termination of authorization and continued to use the trademark in question. Produced a large number of automotive supplies and passed major supermarkets and automobiles including Beijing Jialefu Commercial Co., Ltd., Beijing Baianju Decorative Building Materials Co., Ltd., Beijing Home World Building Materials Supermarket Co., Ltd., Beijing Auchan Supermarket Co., Ltd., and Beijing Wal-Mart Department Store Co., Ltd. Supplies store for sale. Due to serious quality problems in the related products of Beijing Sanai Ruixing Auto Parts Co., Ltd., the company’s commercial reputation was greatly damaged, and the company’s business was adversely affected, causing huge losses to the US Auto Parts Corporation. At the same time, Beijing San Ai Ruixing Auto Parts Co., Ltd. also used the trademark involved in the trademark to promote its related products without authorization, misleading consumers and damaging the goodwill of American Auto Parts Corporation. Therefore, Beijing Sanyei Ruixing Automobile Parts Co., Ltd. was found to have infringed its trademark rights. Therefore, the court appealed to the court to confirm that the trademark in question was a well-known trademark and ordered Beijing Sanyin Ruixing Auto Parts Co., Ltd. to stop the infringement of the trademark right. The total amount of compensation for economic losses and litigation expenses is a total of 1 million yuan.
Beijing Sanai Ruixing Automobile Parts Co., Ltd. replied that the company had obtained the full authorization of US Auto Parts Corporation for the unconditional use of the trademark in question since June 1, 1999. The company never received a notice of termination of the license. There is infringement. Moreover, since 2003, the legal representative of American Auto Parts Corporation has also served as the legal representative of the company until the change of the legal representative in 2005. American Auto Parts Corporation claims that the company’s infringement time is the same as its tenure, and that there is no infringement issue. The purpose of US Auto Parts Corporation's lawsuit is to confirm that its trademark is a well-known trademark and it is a malicious suit, and the amount of compensation it makes There is also a lack of evidence. Therefore, it was requested to dismiss the US Auto Parts Corporation’s lawsuit request in accordance with law.
The Second Intermediate People's Court held that both China and the United States are members of the Paris Convention. According to the Convention and relevant laws and regulations in China, the United States Auto Parts Corporation may file a lawsuit with the Chinese court that has jurisdiction over the trademark in question. . According to the existing evidence, the use of the trademark of the US Auto Parts Corporation in the Chinese market was established after Beijing San Ai Ruixing Auto Parts Co., Ltd. was established. Beijing San Ai Ruixing Auto Parts Co., Ltd. is a branch company of the plaintiff in China. The United States Auto Parts Corporation failed to provide sufficient evidence to prove that the trademark in question was a well-known trademark in China and did not support its corresponding claim. According to the facts identified, Beijing San Ai Ruixing Auto Parts Co., Ltd. has obtained legal authorization for the use of the trademark and other marks involved, and the United States Auto Parts Corporation has issued a notice of termination of authorization in 2003, but Beijing San Ai Ruixing Automobile Co., Ltd. The Parts Co., Ltd. does not approve, and the United States Auto Parts Corporation has no evidence that Beijing San Ai Ruixing Auto Parts Co., Ltd. received this notice. Therefore, according to the letter of authorization issued by the United States Auto Parts Corporation, Beijing San Ai Ruixing Auto Parts Co., Ltd. The company has the right to use the trademark in question. U.S. Auto Parts Corporation accused Beijing San Ai Ruixing Auto Parts Co., Ltd. of producing and selling infringing products bearing the trademark in question and required them to assume corresponding legal responsibilities. There is no factual or legal basis, and the court does not support this. Based on this, the above decision was made.