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Trademark infringement! Tesla sued a company for a compensation of 5 million RMB

2024-03-04 Update From: AutoBeta autobeta NAV: AutoBeta > News >

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AutoBeta(AutoBeta.net)08/10 Report--

Recently, the verdict of Tesla v. "Tesla Beer" trademark infringement was announced, and the verdict was "reject the appeal and uphold the original verdict". In other words, Tesla won this case.

According to reports, the court determined that Tesla series trademarks were well-known trademarks and sentenced the defendant Zhongyin Food Co., Ltd. ("Tesla Beer") to immediately stop infringing upon the exclusive right to use Tesla series trademarks and stop unfair competition. compensate Tesla 5 million yuan, and issued a public statement in the press to eliminate the impact. Since then, "Tesla Beer" filed an appeal, and the latest online judgment shows that the court of second instance "rejected the appeal and upheld the original verdict."

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It is understood that since 2019, China drink Food Co., Ltd. has launched a series of alcoholic drinks named Tesla soda and Tesla Beer on the market, with the trademark Tesla T-shaped logo, and the promotion often includes the words "American pre-blended pioneer brand", "international top brand", and even Tesla Model X appears in the promotion map. Tesla filed a lawsuit against the company because a large number of consumers were misled by the incident. In this judgment, Tesla series trademarks were recognized as "well-known trademarks" by the court, so the behavior of "Tesla Beer" improperly used Tesla's long-term accumulated goodwill to compete in the market. Tesla's cars and names were repeatedly used in propaganda to mislead consumers, which existed subjective malice and constituted trademark infringement.

Data show that Zhongyin Food Co., Ltd. was founded in 2019, located in Guangzhou, Guangdong Province, is a research and experimental development-based enterprises. According to Tianyan information, the company has applied for a total of 221 trademarks, most of which are related to "Tesla". Among them, including "TESILA", "Tesla gold quality", "Tesla Zhenpin", "Tesla" and other related trademarks, trademark status including "rejected review", "trademark has been registered", "trademark invalid" and so on.

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In fact, this is not the first time Tesla has been "rubbed hot". On Aug. 7, the Hunan High Court and the people's Court of Tianxin District in Changsha posted on official account the details of the verdict that Tesla won the lawsuit against counterfeit used car dealers.

It is understood that first and second-hand car dealers in Changsha, Hunan Province, use a large number of signs such as "Tesla" and "TESILA" in shops and shops, and register Tesla's registered trademark as a firm to sell used cars, and the poster uses "the only Tesla used car chain franchise in the country" to carry out misleading false propaganda, which makes people mistakenly think that there is a specific cooperation or relationship with Tesla. In August last year, Tesla sued Tesla for trademark and copyright infringement of used cars. In the end, the court ruled that Tesla won the case. The first instance ruled that the defendant immediately stopped infringing upon the plaintiff's exclusive right to use the registered trademark, immediately stopped infringing on the plaintiff's copyright, immediately stopped the unfair competition behavior of false propaganda, and stopped using the enterprise name with the word "Tesla". At the same time, he compensated Tesla for economic losses and reasonable rights protection expenses of 300000 yuan, and rejected other claims of the plaintiff.

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According to Automotive Industry concern, as an important part of intellectual property rights, trademarks are of great significance to the development of enterprises and guide consumption. Trademark is not only the basis of an enterprise, but also a symbol of its reputation and quality, so it is also important for enterprises to enhance their awareness of trademark protection and protect their trademarks in time, because this is not only the protection of the rights of enterprises, but also the protection of consumers. avoid shanzhai trademarks misleading consumers and disturbing market order.

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