Recently, ideal Automobile sued an ideal car film shop in Linyi, Shandong Province, with a claim of 1.2 million yuan, on the grounds that the ideal car film store infringed upon trademark rights and unfair competition.
In May this year, the owner of a film shop in Linyi, Shandong Province received a civil complaint against Beijing che Hejia Information Technology Co., Ltd., and the defendant was Linyi New ideal Automobile Service Co., Ltd. It is understood that Beijing che Hejia Information Technology Co., Ltd. is the entity company of ideal car, which was established in April 2015, while Linyi New ideal Automobile Service Co., Ltd. is mainly engaged in the sales / manufacture of automobile decoration products. Established in February 2022, although the name of the company appears "ideal car", it has nothing to do with the ideal car.
According to comprehensive reports, the film shop opened as early as 2012, with the initial store name "ideal car Decoration" and later renamed "ideal car Film Factory". It is because the owner of the store is nicknamed "ideal" and has been added for more than 30 years. The store owner said that the store signboard has always contained the word "ideal", but the products sold have nothing to do with the ideal car, and it is impossible to understand the ideal car's claim for millions of yuan in economic losses.
According to the complaint, ideal Motors said it contained the word "ideal" in its name, believing that it infringed the trademark rights of the ideal car and was suspected of unfair competition. Ideal Automobile puts forward two major claims for this: 1. Request the court to order the defendant to immediately stop infringing upon the plaintiff's right to exclusive use of the 'ideal' registered trademark, including, but not limited to, immediately stopping the use of the same or similar logo on the storefront, interior decoration and social platform as mentioned above, and "ordering the defendant to immediately stop unfair competition and change the enterprise name." And the changed enterprise name shall not contain the 'ideal' text. 2. Order the defendant to compensate the plaintiff for the economic loss caused by trademark infringement and unfair competition acts of RMB 1 million "and" order the defendant to compensate the plaintiff for reasonable expenses incurred by the plaintiff to stop the infringement, tentatively 200000 yuan ", etc., at the same time, the defendant is required to publish a declaration in China intellectual property News and Qilu Evening News for 30 consecutive days.
It is worth noting that Linyi New ideal Automobile Service Co., Ltd. is not the only company whose name contains the word "ideal", such as Ningbo ideal Auto parts Co., Ltd., founded in 2001. Hefei ideal Automobile Trading Co., Ltd., established in 1998, but these companies were established before 2015, that is, before the establishment of Beijing Automobile and Home. Although the ideal car film factory opened as early as 2012, its physical company was not registered until 2022.
As a car company with a market capitalization of more than 100 billion yuan, ideal Automobile believes that the film shop has infringed trademark rights and improper behavior, so it is reasonable to file a lawsuit in the court, and it is also normal for the court to file a case, which is the obligation of the court. but it doesn't mean that ideal car wins the case. Of course, the claim amount of 1.2 million yuan is shocking, which is also the key to the heated discussion among the majority of netizens about the incident. such a huge claim amount may be reasonable for an ideal car, but it undoubtedly makes the ideal car fall into public opinion. Many netizens shouted that "the ideal car has no pattern and no future", while the live broadcast of many accounts of the ideal car has been "occupied".
Legal personages said that the store can continue to use the name "ideal" before the ideal car is registered, but it cannot be used in the category of registered trademarks, that is, the logo of the ideal car cannot be used in automobiles. the store belongs to the category of car maintenance, which is different from the category of cars, but it has a certain relevance, cars and car films are relatively similar categories, which may constitute infringement. Some people in the industry believe that the controversial word "ideal car" in this store may also affect the goodwill of the ideal car. If the name of the store is "ideal Film Factory", then the ideal car has no reason to sue.
In response to the prosecution case, ideal Motor said: we received reports and inquiries from users and found that the store has long promoted car beauty packages online and offline in the name of "ideal car". The infringement has caused consumers to mistakenly believe that this is the official store of the ideal car. In order to protect the legitimate rights and interests of ideal car consumers and brand goodwill, we decided to sue the store. At present, the case is under trial, and we believe that the court will make a fair judgment in accordance with the law on the basis of ascertaining the facts. According to its group purchase price and order volume, we calculate the amount of its profit. In this regard, we advocate the amount of compensation within a reasonable range in accordance with the law, and we respect the final amount of compensation determined by the people's court.
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