Date of submission: 2008-06-05 10:34:43 Henan High Court Intellectual Property Tribunal maintenance
Henan Province Higher Peoples Court
paper of civil judgment
(2007) the three final word of the people of Henan (eighty-first)
Appellant (plaintiff and defendant in the counterclaim): Henan Electric Appliance Co. Ltd.
Legal representative: Wang Shenglun, chairman of the company.
Authorized agent: Tian Tao, deputy general manager of the company.
Authorized agent: Lin Lu, Henan Jinyu lawyer.
Appellant (defendant and plaintiff in the counterclaim): Xinyang Xinhu Electrical Appliance Co Ltd.
Legal representative: Li Ming, chairman of the company.
Authorized agent: Chen Liyou, lawyer of Henan crown South law firm.
The appellant Henan letter Electric Appliance Co., Ltd. (hereinafter referred to as the signal to the electric company), Xinyang mutual electrical appliance Co., Ltd. (hereinafter referred to as the letter Corporation) unfair competition, trademark infringement dispute case, telecommunications company in May 2006, 29, Xinyang City Intermediate People's court filed a lawsuit requesting an order letter mutual company: to immediately stop the infringement, the newspaper public apology, eliminate the impact, and the destruction of printed the product sample "5000 copies, remove the Internet illegal information, compensation for economic loss of 120 million yuan and attorney's fees and investigation costs 50000 yuan and bear all the costs of litigation. Mutual trust company of telecommunications company filed a counterclaim, requesting the court to judge: letter electric company immediately stop unfair competition and tort, and the infringement occurred in the region to take public newspaper and related to mutual trust company apology, eliminate the impact, to restore the letter mutual the reputation of the firm; compensation losses due to the infringement to mutual trust company caused by the 5 million yuan; by letter electric company bear the claim and counterclaim costs. Xinyang City Intermediate People's court made in June 6, 2007 (2006) minchuzi civil judgment No. forty-third French letter. Letter from the company and the company are not against the letter of the sentence, the court of appeal. After accepting the hospital in November 5, 2007, according to the law formed a collegiate bench, in November 22, 2007 open trial. Letter electric company commissioned agent Tiantao, Lu Lin a, mutual trust company legal representative Li Ming and attorney Chen Liyou to appear in court to participate in the litigation. The case has now been finalized.
The court of first instance found that: letter electric company was established on July 22, 1999, the original name of Xinyang City letter Electric Transformer Manufacturing Co., Ltd., in September 2002 to change the name of the Electric Appliance Co., Ltd. Henan letter. On July 28, 1997, Xinyang Electric Appliance Equipment Factory in the registration of the Trademark Office of the State Administration for Industry and commerce use the letter letter graphics trademarks, approved the use of goods as class 9, June 7, 2003, approved by the Trademark Office of the State Administration for Industry and Commerce Bureau, Xinyang City electrical equipment factory will be the transfer of trademark to the letter electric company. In January 2005, the company printed the 2005 version of the "product sample" 5500. In April 7, 2006, the company in the State Administration for Industry and Commerce Trademark Office and the registration of the letter graphics and letters, phonetic combination of the trademark, approved the use of goods for the ninth categories. On July 23, 2003, telecommunications company approved by all shareholders agree, set up by the Wang Shenglun, Li Ming, Zhang Xinsheng, Zhang Yongchao funded Xinyang Electric High Voltage Electrical Appliance Co., Ltd., free use of channel power as its trade name and trademark, telecommunications company issued authorization. Xinyang City Administration of industry and Commerce archives show that in 2003 July 23, company name check report, record the library name has been used to letter size (with approximate) the name: Xinyang City letter Electric Transformer Manufacturing Co., Ltd., Xinyang Electric high voltage switch Co., Ltd.. Ltd. was established in August 8, 2003, the legal representative of Zhang Yongchao, the registered capital of 100 yuan, the registration authority for the administration of industry and Commerce of Xinyang city. June 20, 2004, the letter of Electric Power Co., Ltd. and Xinyang Electric Co., Ltd. signed a cooperation agreement. On the same day, the company signed a supplementary agreement with the letter Li Ming (two), the agreement will be part of the company's business customer commissioned Li Ming agent sales and other content. After that, Xinyang high voltage electrical appliance Co., Ltd. sales of some of the company's products, the company's letter to the Xinyang Electric Power Co., Ltd., a high voltage electrical equipment Co., Ltd. issued a value-added tax invoices. In June 7, 2004, the company issued a notice of termination of the authorization to the electric high voltage electric appliance Co., ltd.. April 5, 2005, the letter to the Xinyang Municipal Bureau of industry and Commerce issued a report on the termination of the license in accordance with law. The same year, the company issued a notice letter change business heads to Luohe, Xuchang, Kaifeng, electric power bureau. In May 28, 2005, after consultation between the two sides, Xinyang Electric Power Co., Ltd. agreed to electric power companies to recover the company's free use of the company's trademark, authorized by the company, the two companies to lift any cooperation relationship. In August of the same year, the letter electric company in Henan electric power newspaper published a letter to cancel the letter of Xinyang Electric Power Co., Ltd., the letter of the brand and trademark license to use the relevant statement. Ltd. was founded in April 20, 2005, the legal representative Li Ming, the registered capital of 100 yuan, the company in August 22nd after the company's application for cancellation of the registration of the announcement. August 25, 2005, the Xinyang Electric Power Co., Ltd. Xinyang letter will be changed to the name of the letter to each other electrical appliances Co., Ltd., the legal representative of the change to Li Ming. In August 2005, mutual trust company production of "faithfulness mutual" brand of current, voltage transformer, electric can metering box series products won the China top ten brand of well-known transformer. Another survey, in February 18, 2001, Wang Shenglun and Li Ming signed a cooperation agreement". April 14, 2004, the company signed a supplementary agreement with Li Ming sales business, the agreement will be part of the company's business with the company's customers, such as Li Ming agent sales.
Zhengzhou City today Stationery Printing Co., Ltd. has proved that in September, 2005 the company trusted mutual company commissioned by the printed product brochures 5000 copies (i.e. 2006 Xinyang mutual electrical appliance Co., Ltd. the new version: transformer can metering box type design handbook). The payment has been paid, the goods have already been finished. Xinyang City Administration for Industry and Commerce in 2005 to make letter and word (2005) No. 134 of the written decision on the administrative penalty and that mutual trust companies in the advertising brochure propaganda "national mechanical and electrical industry fixed-point production enterprise", "national manufacturing measuring instruments permit", "quality management system certification", "trademark registration certificate" is not real content, is a false propaganda behavior. In violation of "the people's Republic of China Advertising Law" the provisions of Article 4, on the basis of the "the people's Republic of China Advertising Law" provisions of Article 37, the parties are punished as follows: ordered to stop the issuance of the brochure, and open corrections to offset the influence; and impose a fine of 40000 yuan. Letter to the company refused to accept, to the Henan Provincial Administration for Industry and commerce to apply for reconsideration. April 2006, the Council made the decision to trade and industry and Commerce (2006) No. 07 administrative reconsideration decision, the Xinyang Municipal Trade and Industry Bureau to maintain the letter made by the letter (2005) 134th administrative penalty decision. September 1, 2005, Xinyang City Bureau of quality and technical supervision of Internet companies to make the written decision on the administrative penalty, ordered to mutual trust company stop production other forged the manufacturing measuring instruments permit "number of current transformer, and the responsible person sentenced to Wu Qianyuan fine. The office of the letter from the company's mutual label on the "LFZJ-10 type current transformer", "ex factory date of July 2005", "Xinyang letter to each other electrical appliance Co., Ltd. (Xinyang electric high voltage appliances Co., Ltd.)" and so on.
In January 10, 2006, by the letter of the company to apply for Xinyang City Notary Office of the company's Web site for some of the contents of the evidence preservation. The site above show mutual trust trademark and the "Henan Xinyang mutual electrical appliance Co., Ltd. (Xinyang Electric High Voltage Electrical Appliance Co., Ltd." and other words, under the "company profile", "product catalog", "enterprise honor" and other columns. A metering box JLSZ-35W high pressure dry column in the catalogue and installation drawing pictures, shape etc.. The site is also accompanied by the Xinyang letter Electric Co., Ltd. and Xinyang Electric Power Co., Ltd., the organization code certificate, test report, etc..
In the trial court hearing during the case, mutual trust company gate hanging bronze in the title "Henan Xinyang mutual electrical appliance Co., Ltd.", "Xinyang Electric High Voltage Electrical Appliance Co., Ltd." words; mutual trust company part of the product nameplate below have "Xinyang Electric high-voltage electrical appliances have limited words and telephone number. Li Ming, Li Mingzhou, Xue Gong Yang et al Card Electric Co., and above the card with the words "Henan Xinyang mutual electrical appliance Co., Ltd. (Xinyang Electric High Voltage Electrical Appliance Co., Ltd." or "Henan Xinyang mutual electrical appliance Co., Ltd. Xinyang Electric High Voltage Electrical Appliance Co., Ltd.".
The trial court also found that: after December 1, 2005, Hebi City Electric Power Materials Supply and Marketing Corporation received dry metering box, the local industry and Commerce Bureau of the metering box removed sequestration, the metering box nameplate for "Xinyang Electric High Voltage Electrical Appliance Co., Ltd.". Hebi City Industrial and Commercial Bureau Brigade seized by proof: the team in December 2005 after letter electric company report, reflecting the company letter high voltage dry type electric metering box mutual trust company counterfeit, the team immediately to Hebi City Electric Power Bureau material supply and marketing companies are examined, a dry high voltage metering box for field sampling, the metering box nameplate trademarks, measuring instruments permit number, manufacturer name were scraped smear, only "Xinyang Electric High Voltage Electrical Appliance Co., Ltd." words, the case is under investigation in.
二、2007年3月5日，河南公专司法鉴定中心对信互公司2006年“最新版本：互感器电能计量箱设计选型手册”彩页第2页第2、3、4、8、9、10、12幅、彩页第3页第1、3、5、6、7、8、9、11幅、彩页第4页第1、3、6、10幅、彩页第5页第1、5、6、7、10、11幅、彩页第7页第4、9、11、12幅、彩页第8页第1、2、3、4、6、7、8、10、12幅合计38幅图片，以及第1、2、5、6、10、11、13、18、21、23、24、26、27、28、41、42、43、44、46、47、50、51、53、55、70、72、74、79、81、82、85、86、88、89、100、107页产品视图及安装图计36组与信电公司“产品样本”的74幅（组）图片进行分类对比鉴定后作出司法鉴 Book, which analyzes the inspection: letter 1, Internet companies and telecommunications products profile photos (a total of 38 groups) graphical appearance, the same shape, angle and shooting of the images of the lighting characteristics of the same. For example: geometric perspective feature, object high light and shadow features exactly the same. 2, the letter of the company and the company's product view and the letter of the installation drawing (a total of 36 groups) of the main structure of the graphics and graphics details. 3, the letter of the company "product samples" in the picture printing quality than the letter mutual company "modeling manual" in the product outline picture printing quality is slightly higher. 4. The letter Internet companies and telecommunications products profile photos shows a large number of agreement details. For example: details of the screw and the screw cap installation details, metal stent surface color pattern for non accidental coincidence. Conclusion: letter 1, mutual and the letter of the company, product appearance related photos for one time shooting, graphics homologous. 2, the main structure and the details of the structure and the details of the main structure of the company and the power company's product view and the installation of 95% above, some of the characteristics of the individual graphics are slightly different, the suspect is the same. Appraisal fee 10000 yuan.
Three, the legal representative of the company's legal representative Li Ming since 1999 after the Spring Festival to March 2004 is the company responsible for the company's sales and other business assistant manager, the phone 6598123 is Li Ming was working on the phone. The telephone stopped in January 2005, the same year in March 1st, the Xinyang high voltage electrical appliance Co., Ltd. to apply for the plaintiff in the state of the phone call 6598123 to 6597238 calls on the transfer of the call. Letter electric company found after 18 in the same month the application will call back to the unit 6598123. And check, the letter to the company's tax returns, the company's June 2005 to May 2006 all sales revenue of 2487912.72 yuan. The profit table provided by the letter to each other to show 2005 annual net profit of -33270.78 yuan, net profit of 7378.26 yuan in the first half of 2006. Letter of the company for the protection of the agency fee 8000 yuan. On the actual loss of the company's letter or letter to the actual profit of each company, when the parties did not provide sufficient evidence to confirm.
April 4, 2006, the telecommunications company issued a letter of the majority of users, this letter says "OO three years, our company authorized the original business personnel Li Ming, use 'letter' font set up" Xinyang Electric High Voltage Electrical Appliance Co., Ltd. ', and free use of the' letter 'registered trademarks, due to channel high voltage electric appliance company pay no attention to product quality, damage the image of my companies and' letter 'commodity reputation, in May 2005, the company withdrew authorization. In the same year on July 25, Xinyang City Administration of industry and commerce according to the facts of the change of business registration, from Xinyang Electric High Voltage Electrical Appliance Co., Ltd. ceased to exist. " , "two OO five years in September, Xinyang Xinhu Electrical Appliance Co., Ltd. in Zhengzhou printed 5000 copies of the product sample and the sample to steal my company product photos and exterior view, outdoor fake company patented product JLSZ-35W three-phase dry type high voltage metering box, wantonly false advertising propaganda, Xinyang City Industrial and commercial bureau in this regard has been made administrative punishment. It is worth mentioning that, Xinyang letter to each other electrical appliances Co., Ltd. will be the "product samples" in the illegal information published in the internet. Xinyang letter to each other electrical appliance Co., Ltd., a serious violation of the legitimate rights and interests of our company, but also to deceive the market media and the vast number of users. Now my company is through legal channels to safeguard their legitimate interests, so that the majority of users subscribe to the product when the attention of the identification and so on. On June 20, 2006, Xinyang radio and television newspaper published entitled "unbearable tort angrily to resort to law" article, the newspaper reporter according to telecommunications companies to provide a civil complaint, Xinyang City Administration for Industry and commerce administrative punishment decision, reconsideration and other related materials collected written.
The trial court found that fair competition is under the condition of market economy, the operator should follow the basic principles, China's anti unfair competition law prohibits operators using improper means to carry on transactions in the market damage competitors. Letter electric company was founded in July 1999, after many years of hard work, the company in the relevant public and local electrical products industry enjoys a high reputation, with a high degree of visibility. Original Xinyang Electric High Voltage Electrical Appliance Co., Ltd. in the registration of the establishment, due to its size and power company name identical, and telecommunications companies and registration with the administrative authorities for Industry and Commerce of enterprises in the same industry, so by the telecommunications company authorized the use "letter" as its trade name and trademark, Xinyang Electric High Voltage Electrical Appliance Co., Ltd. in August 2003 registration of its establishment. Although in Xinyang Electric High Voltage Electric Appliance Co., Ltd. registered and established, telecommunications company had authorized the Xinyang Electric High Voltage Electrical Appliance Co., Ltd. "letter electricity as its trade name and trademark, but since May 28, 2005, Xinyang Electric High Voltage Electrical Appliance Co., Ltd. agreed to recover the power companies believe the free use of the trademark, trade name licensing and to change the name of the present name, should not continue with" letter "name the name of the enterprise in the production and operation. Letter electric company and the letter are two independent business entities, foreign business should be carried out in the name of the business administration department of industry and commerce. But the company is still in its letter of bronze cross hanging on the door, the product and the product manual, Internet sites continue to use the "letter" in the name of the name of the enterprise, and the use of electric company product specifications and the same or similar product pictures, view and installation drawings, and promote its achieved "national mechanical and electrical industry the fixed-point production enterprise", "quality management system certificate and not real content, use the annotation letter company trademark pictures of products within the same industry competition and letter electric company, company letter mutual behavior is easy to cause the relevant public product of the source of confusion, to mislead the relevant public, that it has a connection the products with the letter electric company, this can be used, common operation, mutual imitation, the letter also wrote free possession of power company to promote its products to pay Efforts, but also easy to make the relevant public misidentification, has built a local brand lift promotion, against operators should follow fair principle of honesty and credit, the objective damage the the legitimate rights and interests of competitors, has constituted unfair competition, according to law shall be prohibited. Mutual mutual on counterfeiting a registered trademark, infringement of trade secrets, information and electrical company did not provide sufficient evidence to prove that mutual trust company violated its registered trademark rights, and he brought the letter to the company's legal representative Li Ming once for the letter electric company responsible for sales vice manager, telecommunications companies and mutual trust company and its legal representative had signed a cooperation agreement by mutual trust company to sell electric products, although the letter, the letter electric company is in a shutdown state of a telephone call transfer using ten days, but the letter electric company did not prove that mutual trust company for breach of the confidential information of the specific content and the resulting consequences. Therefore, the request is not supported. In summary, mutual trust company's acts constitute unfair competition, telecommunications companies resulting economic losses by letter mutual compensation company. On the amount of compensation, because the two sides did not believe electric company's actual losses or mutual trust company's actual profit to provide sufficient evidence, the court according to the letter means mutual company for infringement, plot and the subjective intention degree, caused by the consequences and local economic development level of the discretion to identified. At the same time, the letter to the company should bear the cost of the company's case and the cost of the case. To over an appropriate range of telecommunications company litigation request, the court of first instance also does not support, related litigation costs by the letter of the electric company, on his own account. Letter about electric company acts constitute unfair competition, the telecommunications company in mutual trust company agreed to back the right to use the trademark, trade name and name change registration after, "letter" text as its trademark combination of part of registration in accordance with the relevant provisions of the law, do not constitute infringement. Letter electric company issued by the majority of users letter basic content is true, letter electric company not fabricate or spread false facts to damage the business reputation of the defendant, product reputation, "Xinyang radio and television news" on the published articles for a newspaper reporter wrote, telecommunications company for the parties to the dispute to complain to the relevant administrative departments does not constitute an infringement. Therefore, letter electric power company's behavior does not constitute the letter of the mutual company of unfair competition, the letter of the mutual company counterclaim request not supported. The trial court: 1, each letter company to immediately stop acts of unfair competition on the letter company, in a letter to stop the company's products, mutual selection manual, company name and label Internet sites with the use of "letter" in the name of the enterprise name and letter electric company product specification of the same or similar products, pictures view and install 74 charts (i.e. selection manual color page second second, 3, 4, 8, 9, 38, 2, 5 and first, 6 pages 36) acts of unfair competition and false propaganda; 2, mutual destruction of the existing company letter of 2006 edition of "the latest version in ten days after the entry into force of the judgment: transformer electric energy metering box design manual" with the "letter" in the name of the enterprise name and letter electric company product specification of the same or similar product pictures, view and install 74 charts (or group, namely the selection manual color page second Second, 3, 4, 8, 9 and 38, first, 2, 5, 6, pages, and other 36 groups) and the contents of false propaganda; 3, the letter of the company in the twenty day after the effective judgment
Letter to the company also refused to accept the original judgment, to the court of Appeal said: 1, the first instance found that the fact that the error, the letter does not constitute unfair competition in the company's behavior. Mutual trust, not in the production and business operation using the letter "letter" name, only because of the need to customers about now is the name of the enterprise from the "Xinyang Electric high voltage electric company changes, and business cohesion, creditor debtor relationship needs only in online and the door hanging bronze use" Xinyang Electric high voltage electric company (the original company name, and that such use is by the sanction of the law and protection. Mutual trust company in accordance with the letter of the electric company signed a "cooperation agreement" and business sales letter electric company's products does not constitute unfair competition, with the telecommunications company issued an invoice as evidence. Letter to the company to do so is to customers choose to use the company's products to facilitate the company's products, and promote the sale of the company's products. 2, the letter of the company's letter to each other's infringement of the company is clear, the letter to the company constitutes unfair competition. Mutual trust company business name change, telecommunications companies around the letter, said mutual trust company "ceased to exist", enough to let the "relevant public mistakenly to identify mutual trust company revoked, dissolution or go out of business". 3, mutual trust company not corrupt telecommunications company reputation, a trial will by mutual trust company in the Journal of Xinyang to electric power company to apologize apology is not based on law. 4, the first instance verdict let the letter to each company to pay the company's lawyer fee to the law. 5, a trial of litigation costs sharing injustice. Requests the trial court granted: 1, revocation of the original judgment, commuted a rejection letter electric company litigation request, supporting letters cross company counterclaim. 2, first, the second instance litigation costs borne by the company.
Letter to the company's appeal to the company's reply, said: 1, the company has never been a letter from a registered trademark of the company, the company sued the company's trademark infringement trademark rights without any factual basis. 2, mutual trust company did not violate the commercial secrets of the telecommunications company. During the cooperation between the two sides, call transfer Li Mingyuan office telephone is to prevent service interruption, and telecommunications company did not prove that mutual trust company violated the confidential information, the specific content and caused the consequences. 3, mutual trust company should not letter electric company loss compensation, Electric Co. v. said "counterfeiting registered trademark", use "letter" false advertising and violations of trade secrets, "there was no evidence of objective facts, but there is no loss basis. Requesting the court of second instance to reject the appeal of the company, and to support the appeal of the letter to each other.
Letter of the company's appeal to the letter of the company's reply, said: 1, the company's unfair competition, the fact that the trademark infringement is clear. Letter foreign companies sent a letter, the content did not tort, nor in Xinyang the newspapers published any damage mutual trust company reputation thing. 2, the agency fee of the trust company is a direct loss caused by the infringement of the trust company. 3, litigation costs should be borne by the letter to each other all or the vast majority of the company.
According to the letter electric company, a trust each other's grounds of appeal and defense, the inductive second instance of this case the focus of controversy: A, mutual trust company of telecommunications company whether there is unfair competition and trademark infringement, how to bear corresponding civil liability; letter mutual company counterclaim letter electric company exists unfair competition behavior is established, the corresponding civil liability how to bear.
The court of second instance after hearing the case, the court found that the fact that in addition to consistent with the original. It was also found that: in the letter in Selection Handbook Internet companies, there are three pieces of product appearance photos with a telecommunications company logo.
The hospital believes that: first, the letter on the company's letter to the company whether there is unfair competition and trademark infringement, the corresponding civil liability to bear the problem. Xinyang high voltage electrical appliance Co., Ltd. in the approval of the trade and Industry Bureau registration, is authorized by the letter of the company's use of "letter" as its size and trademark. After consultation, Xinyang Electric High Voltage Electrical Co., Ltd. in May 28, 2005 agreed to the letter of the company to recover its free use of the company's trademark, brand authorization. Letter electric company also issued to the Xinyang Municipal Industry and Commerce Bureau in accordance with the law to terminate the mandate of the report. Therefore, the use of Electric Power Co., Ltd. Xinyang letter Electric Co., Ltd. is based on the company's authorized by the letter, rather than alone only after the approval of the industrial and commercial sector. After May 28, 2005, the use of electrical appliances Co., Ltd. Xinyang letter electric power, the lack of authorization based. But until the proceedings of the first instance, that is, in the case of the company in May 29, 2006 after the prosecution to the court, the letter to the door of the bronze medal on the mutual company still has the words "Xinyang high voltage electrical appliances Co., Ltd." and so on. After May 28, 2005, letter to each other on the product, the Internet continues to use the site, Xinyang Electric Power Co., ltd.". In addition, the letter to the company in the selection manual not only use the same or similar product specifications and the letter of the company's product picture, view and installation drawings, but also with a letter from the company's trademark product image. The behavior of the mutual trust, easily lead to the public of a source of confusion to mislead the public, the mistake has some connection with the electric company, contrary to the operators should follow the fair and honest credit principle, objective damage the the legitimate rights and interests of competitors, has constituted unfair competition. Xinyang letter to each other companies to appeal to the use of "Xinyang high voltage electrical appliances Co., Ltd." is registered by the industrial and commercial sector in accordance with the law, is legal, does not constitute unfair competition reasons can not be established. On mutual trust company appeal that the in product specification part and signal power company the same or similar products pictures, view and installation diagram does not constitute unfair competition, although original Xinyang Electric High Voltage Electric Appliance Co., Ltd. and letter electric company has signed a "cooperation agreement" business letter electric company's products, but in Telecommunications company cancel the original Xinyang Electric High Voltage Electrical Appliance Co., Ltd. use "electric" brand authorization and the termination of the cooperation agreement, mutual trust company is still in the product specification use and electricity companies believe the same or similar products pictures, view and installation diagram on the basis of the lack of should be as acts of unfair competition. As for mutual trust companies that letter electric company brochure in part of the picture is mutual trust company legal representative Li Ming production and is also part of the picture is the common problem, Li Ming in making part of the picture is letter power company staff, and not as the letter companies mutually non infringement defenses, mutual trust company can not prove prove the letter electric products in the description of part of the picture of the general, so mutual trust company of the tort reasons can not be established.
On mutual trust company is a violation of the letter power company the right to exclusive use of a registered trademark, mutual trust, the manual selection of "in product appearance photos with telecommunications company logo, but not obvious, clear, general users can not clearly Distinguished, is not enough to cause the user's confusion, mistake, so the behavior of mutual trust company still belongs to category of unfair competition, does not constitute a violation of the telecommunications company exclusive right to use a registered trademark.
On mutual trust company whether there are violations of electric company business secret behavior of letter, the letter electric company did not prove that mutual trust company violated the confidential information, the specific content, Li Ming, a former telecommunications company responsible for sales manager, in the original Xinyang Electric High Voltage Electric Appliance Co., Ltd. and signal power company signed a cooperation agreement, original Xinyang Electric High Voltage Electrical Appliance Co., Ltd. the letter electric company is in a shutdown state Li Ming had used a phone call transfer using inappropriate and ten days later, the letter electric company is the telephone call reversed his own company. Letter electric company believes that the company will be the letter of the company's sales call to the transfer of the company's sales call to the transfer of violations of its commercial secrets of the grounds of appeal can not be established.
In summary, the existence of the letter to the company's unfair competitive behavior of the company, should bear the cessation of infringement, compensation for the loss of civil liability. With regard to the telecommunications company appeal that a judgment in the amount of compensation is too low and the investigation cost should support does not support problem, considering the channel mutual company tort circumstances, behavioral duration, the enterprise is located in economic level and signal power company for expenditure survey costs and other factors, the hospital recognition are inappropriate for the trial court's judgment in the amount of compensation is not. Letter from the company's appeal can not be supported. With regard to the telecommunications company appeal that the court of first instance verdict mutual trust company in the Xinyang daily published statement scope of narrow regional problems, telecommunications company in the first instance litigation request requires mutual open newspaper apology, eliminate the impact, the trial court ordered the mutual trust companies in public offerings of newspaper Xinyang daily "published on the statement is not inappropriate, telecommunications company appeal request commuted the lack of legal basis, the hospital does not support.
Second, on mutual trust company counterclaim telecommunications company of unfair competition behavior is established, the corresponding civil liability how to bear. Power companies believe in mutual trust company agreed to back the right to use the trademark, trade name and name change registration after the issuance of the letter of the majority of users basic content is true, telecommunications company not fabricate or spread false facts to the detriment of the behavior of mutual trust company business reputation, product reputation, "Xinyang radio and television news" on the published articles for a newspaper reporter wrote, telecommunications company for the parties to the dispute to complain to the relevant administrative departments does not constitute infringement. Therefore, the company's behavior does not constitute a letter to the company's unfair competition, the letter to the company's request for an appeal not to support.
In summary, the trial verdict, the facts are clear, the entity shall be maintained properly. Letter of appeal to the company and the company's letter of appeal can not be established, the hospital does not support. According to the "people's Republic of China Civil Procedure Law," the first paragraph of the first paragraph of article 158th, the provisions of the 153rd, the sentence is as follows:
Rejected the appeal and upheld the original verdict.
Case acceptance fee of 21936 yuan, 10968 yuan by the Henan Electric Appliance Co., Ltd., the burden of yuan, Xinyang Electric Co., Ltd. the burden of the letter of 10968 yuan.
This decision is final.