Following Proview's alleged illegal use of the iPad trademark by Apple, the company claims compensation of several billions. Some Chinese writers accused Apple of illegally using Chinese literary works to make more than 1 billion yuan in profits, claiming a claim of 50 million yuan, and then Apple's involvement in the "infringement door." Recently, Jiangsu Snow Leopard Daily Chemical Co., Ltd. (hereinafter referred to as "Jiangsu Snow Leopard Company") filed a civil complaint with the Shanghai Pudong New Area People's Court (hereinafter referred to as "Shanghai Pudong Court") and sued Apple Computer Trading (Shanghai) Co., Ltd. (hereinafter referred to as " Apple Inc. "" infringed on its "Snow Leopard" trademark rights, demanded that the other party stop the infringement, publicly apologize, and pay 500,000 yuan in compensation. Together with the company, it was also indicted that Beijing Zhide Denko Electronics Co., Ltd. promotes and sells Apple's Snow Leopard products. Co., Ltd., Shanghai Meiya Trading Co., Ltd., Shanghai Haodang Buy Trade Co., Ltd., Jiangyin Huahai Network Technology Co., Ltd. At present, Shanghai Pudong Court has accepted the case and is scheduled to open on July 10.
Jiangsu Snow Leopard: We have been infringed by Apple
While the iPhone 4 and iPad products are sold globally, Apple Inc. has fallen into the “tort door†dispute in China. After Apple Computer accuses Apple of violating the use of the iPad trademark and some Chinese writers accused Apple of illegally pirating and using Chinese literature to make profits, Apple’s “Snow Leopard†operating system launched in 2009 was also sued in China because of its Infringed the trademark of Jiangsu Snow Leopard.
"Knowing that Apple was infringing was in the past summer," Tong Rong, chairman of Jiangsu Snow Leopard Co., said in an interview with Express reporters. At the time, he received a friend's e-mail saying that his company's "Snow Leopard" trademark was claimed by Apple. The company used a new operating system and asked him if he sold the trademark to Apple. After receiving this e-mail, Tong Yu felt confused. He told reporters that although he did not use Apple himself. The iPhone4, but many company employees use Apple's products, his children also use Apple Computer. So in his impression, Apple's products are synonymous with trendy and fashionable.
Why did Apple's products use the “Snow Leopard†trademark? As one of the first entrepreneurs in Jiangyin after the reform and opening up, Tong Yu told reporters that since 1994, he has registered “Snow Leopard†trademarks in various categories. 42 pieces. Among them, the “Snow Leopard†trademark registered in the third category of goods in 1997 was recognized as a well-known trademark in China in 2008. The trademark “Snow Leopard†(“Electricity†is not in exclusive rights) registered by him in the ninth category in 2000 was exactly the trademark that was infringed by Apple’s “Snow Leopard†operating system.
Baidu Encyclopedia revealed that on August 25, 2009, Apple CEO Steve Jobs announced to the outside world that a new generation of Snow Leopard (Snowleopard) operating system will be officially released on August 28. At 3:30 a.m. on August 25th, 2009, Snow Leopard, which sells for $29, and Snow Leopard, which sells for $49, each climbed to the top of the Amazon's best-selling software list.
What made Tonglu surprised was that when he learned that the “Snow Leopard†trademark was used on Apple’s products, he logged in to Baidu’s search and found that after entering the keyword “Snow Leopard Operating System,†the relevant results were about 66.3. Ten thousand, there are 7010 related news pages. In the "Zhongguancun Online" website, "Apple Snow Leopard's server operating system close contact" and other articles, in a unified text or form the introduction of Apple's "Snow Leopard" operating system.
Apple has taken a fancy to the "Snow Leopard" reputation and reputation?
For nursery rhymes, the trademark “Snow Leopard†is like his child. On the back of the nursery rhyme business card, there is such a description: "Snow Leopard is a high-tech enterprise recognized by the famous trademark/enterprise which belongs to the government... The main products: toothpaste series, cosmetics series, car beauty series..."
In this series of ellipsis, there is a systematic industrial chain such as “Snow Leopard Electricâ€, “Snow Leopard Digital†and “Snow Leopard Software†other than “Snow Leopard Day†in the implementation of the trademark strategy. Jiangsu Snow Leopard has developed a “Snow Leopard Touchâ€. Screen Computer Advertising Machine, Snow Leopard Printing Software, Snow Leopard Mobile ERP Software and a series of computer and computer software products, and advertised "Snow Leopard" and "SNOW LEOPARD" on relevant websites. Among them, anime works such as “The Dream of the Tail†and “Little Phuket†produced by “Snow Leopard Digital†have been broadcast on hundreds of television stations such as CCTV and Shanghai Hyundai Cartoon Channel, and won the “Homegrown Outstanding Animation Awardâ€. "Chinese origin cartoon award" and other awards. The “Snow Leopard Electric†and “Snow Leopard Software†were also publicized in advertisements and activities such as “Passenger Train Schedulesâ€, “China-Australia Basketball Women's Competition†and “China Basketball Professional League (CBA)â€. Tong Yun believes that the "Snow Leopard System" industry chain that has been in place for more than a decade has already gained considerable popularity.
Tong Yun told reporters that in September 2001, Jiangsu Zhongtian Assets Appraisal Co., Ltd. assessed that the market value of its “Snow Leopard†registered trademark intangible assets was 31 million yuan, and after 10 years of development, his current The "Snow Leopard" brand value has reached 420 million yuan. Although the annual sales of about 200 million yuan is comparable to Apple’s tens of billions of dollars in sales and its market value of 560 billion US dollars, it is hard to be a welterweight, but Tong Yu told reporters for so many years that He is working hard to be the "best toothpaste in the world," but he has his own ambitions for deepening the IT industry.
For the prospects of its digital, animation, IT and other industries developed under the “Snow Leopard†trademark, Tong Yun had wanted to collaborate with Tang Jun to create “IT Aircraft Carrier†in early 2010. In a media report in February 2010, Tong Yu said that the company is looking for a team with a wealth of listing experience, and he is most optimistic about his own "neighbor" - Chang Jun Tang Jun. Before this, Tong Yu's "Snow Leopard" series of products also wanted to hire Asia's No. 1 trapeze player Liu Xiang as an endorsement to make the "Snow Leopard" even more famous. Tong Yu said that in the 1990s, the name “Snow Leopard†was the favorite of China. In recent years, with the popular Snow Leopard Commando and the TV drama “Snow Leopard,†which was unveiled at the Beijing Olympics, “Snow Leopard†was Domestic is almost a household name. Tong Yu believes that at this critical juncture, Apple's use of "Snow Leopard" to name its operating system introduced in the Chinese market, I am afraid can not simply think of its "SNOW LEOPARD" Chinese literal translation, more should also be seen The "Snow Leopard" has gained popularity and reputation in the country. At this point, Tong Yu told reporters that he still admired Apple's brand marketing strategy.
Collected 104 evidence to bring "Apple" to court
After knowing that the "Snow Leopard" trademark was infringed by Apple, Tong Yu did not hurry to start looking for the other side and began to collect relevant evidence. In the process of gathering evidence, Tong Yu found that Apple had applied to the Trademark Office of the State Administration for Industry and Commerce for registration of the ninth “SNOW LEOPARD†trademark in October 2008, but was rejected by the Bureau. Tong Yu believes that the reason for the dismissal of Apple Inc. was that it had already registered the "Snow Leopard Appliance" trademark in the ninth category. In this case, Apple's "SNOW LEOPARD" operating system sold in the Chinese market is still called "Snow Leopard," and Tong Tong thinks that Apple's trademark infringement is very clearly known. In the collection of evidence, in March this year, among the group of infringing products purchased by Jiangsu Snow Leopard Company in Jiangyin's Huahai Company, Apple Inc. used Snow Leopard Operating System Support and Answers as an official certification.
In June of this year, Jiangsu Snow Leopard filed a lawsuit against Apple Inc., Beijing Zhide Dangkang E-commerce Co., Ltd., Shanghai Meiya Trading Co., Ltd., Shanghai Haodang Buy Trade Co., Ltd., and Jiangyin Huahai Network Technology Co., Ltd. to court. Outside of Apple, the rest of the company advertised and sold Apple's "Snow Leopard" operating system. For this infringement of trademark rights disputes and unfair competition disputes, Jiangsu Snow Leopard’s lawsuit requests include: 1. Decides that the defendants, Apple, Huahai, immediately ceased infringement and unfair competition, and destroyed infringing products and packaging; The defendants Beijing Zhide Dangkang E-Commerce Co., Ltd., Shanghai Meiya Trading Co., Ltd., and Shanghai Haodang Buy Trade Co., Ltd. deleted the contents of the word “Snow Leopard†on the Internet; 3. Decided that Apple would be made public on the Internet and national newspapers and periodicals. Apologize and eliminate the impact; 4. The defendant Apple was ordered to compensate 500,000 yuan, and the other defendants were jointly and severally liable for damages; 5 The decree ordered the defendants to bear the costs of the case.
In response, Jiang Wei, an attorney of Jiangsu Snow Leopard and a lawyer of Shanghai Wanlian Law Firm, said that this is a typical trademark infringement case. They represented 104 plaintiffs have submitted 104 evidence to the court and demanded that the defendant Apple immediately stop the infringement. .
According to the arrangement, this case will be open for trial in the People’s Court of Shanghai’s Pudong Court on July 10. Jiang Wei said that from this "Snow Leopard trademark dispute case", people saw the importance of intellectual property protection. This time Apple, the flag of the United States high-tech enterprise, ignored the existence of China's "Trademark Law," and it turned out to be The use of trademark infringement by Chinese companies is indeed an emotion. It is believed that the law will make a fair decision.
The odds of winning the word are hardly expected from third-party lawyers:
The difference in the word is unpredictable
On June 29th, Express reporters came to Apple's Shanghai-based company registration room early in the morning at Room 1815, Tower 1, Keelung Road, Waigaoqiao Free Trade Zone, Shanghai, and found that the door was closed and a piece of paper was stuck on the glass door. He wrote: "I'm on duty temporarily not in the company, if you need to contact, please call: 6132 ****. Apple Computer Trading (Shanghai) Co., Ltd." Look through the glass door, a big apple LOGO is very eye-catching.
In the afternoon of the same day, the reporter dialed "6132" and tried to get in touch with Apple Shanghai. When the reporter asked if the other party knew that the trademark infringement had received a summons from the court, a woman who claimed to be an office worker transferred the reporter’s phone number to the legal department. As a result, nobody answered the call. When the reporter called Apple again, the woman who answered the phone stated that they had a staff member who had no one answered. It was probably a business trip and said that it was not convenient for the reporter to disclose the mobile number of the staff of the legal department.
For the "Snow Leopard Gate" apple company was trapped, Wang Hongyu, director of Jiangsu Hongrun Law Firm, believes that the 9th snow leopard trademark applied by Jiangsu Snow Leopard Company is a combination of Chinese character "Snow Leopard" and Pinyin "XUEBAO", and Apple Inc. On the Chinese official website, there is only "Snow Leopard" and "Snow Leopard" and "XUEBAO" do not appear. It is difficult to say that Apple Inc. has infringed on the Chinese trademark logo of "Snow Leopard". Jiangsu Snow Leopard Co., Ltd. did not have a good chance of success in this case. But for Beijing Zhide Dangkang E-Commerce Co., Ltd., Shanghai Meiya Trading Co., Ltd., Shanghai Haodang Buy Trade Co., Ltd., and Jiangyin Huahai Network Technology Co., Ltd., if there is evidence to prove that it has used Snow Leopard prominently on the software products it sells. The Chinese logo was allegedly infringing on the trademark of Snow Leopard.
Jiangsu Snow Leopard: We have been infringed by Apple
While the iPhone 4 and iPad products are sold globally, Apple Inc. has fallen into the “tort door†dispute in China. After Apple Computer accuses Apple of violating the use of the iPad trademark and some Chinese writers accused Apple of illegally pirating and using Chinese literature to make profits, Apple’s “Snow Leopard†operating system launched in 2009 was also sued in China because of its Infringed the trademark of Jiangsu Snow Leopard.
"Knowing that Apple was infringing was in the past summer," Tong Rong, chairman of Jiangsu Snow Leopard Co., said in an interview with Express reporters. At the time, he received a friend's e-mail saying that his company's "Snow Leopard" trademark was claimed by Apple. The company used a new operating system and asked him if he sold the trademark to Apple. After receiving this e-mail, Tong Yu felt confused. He told reporters that although he did not use Apple himself. The iPhone4, but many company employees use Apple's products, his children also use Apple Computer. So in his impression, Apple's products are synonymous with trendy and fashionable.
Why did Apple's products use the “Snow Leopard†trademark? As one of the first entrepreneurs in Jiangyin after the reform and opening up, Tong Yu told reporters that since 1994, he has registered “Snow Leopard†trademarks in various categories. 42 pieces. Among them, the “Snow Leopard†trademark registered in the third category of goods in 1997 was recognized as a well-known trademark in China in 2008. The trademark “Snow Leopard†(“Electricity†is not in exclusive rights) registered by him in the ninth category in 2000 was exactly the trademark that was infringed by Apple’s “Snow Leopard†operating system.
Baidu Encyclopedia revealed that on August 25, 2009, Apple CEO Steve Jobs announced to the outside world that a new generation of Snow Leopard (Snowleopard) operating system will be officially released on August 28. At 3:30 a.m. on August 25th, 2009, Snow Leopard, which sells for $29, and Snow Leopard, which sells for $49, each climbed to the top of the Amazon's best-selling software list.
What made Tonglu surprised was that when he learned that the “Snow Leopard†trademark was used on Apple’s products, he logged in to Baidu’s search and found that after entering the keyword “Snow Leopard Operating System,†the relevant results were about 66.3. Ten thousand, there are 7010 related news pages. In the "Zhongguancun Online" website, "Apple Snow Leopard's server operating system close contact" and other articles, in a unified text or form the introduction of Apple's "Snow Leopard" operating system.
Apple has taken a fancy to the "Snow Leopard" reputation and reputation?
For nursery rhymes, the trademark “Snow Leopard†is like his child. On the back of the nursery rhyme business card, there is such a description: "Snow Leopard is a high-tech enterprise recognized by the famous trademark/enterprise which belongs to the government... The main products: toothpaste series, cosmetics series, car beauty series..."
In this series of ellipsis, there is a systematic industrial chain such as “Snow Leopard Electricâ€, “Snow Leopard Digital†and “Snow Leopard Software†other than “Snow Leopard Day†in the implementation of the trademark strategy. Jiangsu Snow Leopard has developed a “Snow Leopard Touchâ€. Screen Computer Advertising Machine, Snow Leopard Printing Software, Snow Leopard Mobile ERP Software and a series of computer and computer software products, and advertised "Snow Leopard" and "SNOW LEOPARD" on relevant websites. Among them, anime works such as “The Dream of the Tail†and “Little Phuket†produced by “Snow Leopard Digital†have been broadcast on hundreds of television stations such as CCTV and Shanghai Hyundai Cartoon Channel, and won the “Homegrown Outstanding Animation Awardâ€. "Chinese origin cartoon award" and other awards. The “Snow Leopard Electric†and “Snow Leopard Software†were also publicized in advertisements and activities such as “Passenger Train Schedulesâ€, “China-Australia Basketball Women's Competition†and “China Basketball Professional League (CBA)â€. Tong Yun believes that the "Snow Leopard System" industry chain that has been in place for more than a decade has already gained considerable popularity.
Tong Yun told reporters that in September 2001, Jiangsu Zhongtian Assets Appraisal Co., Ltd. assessed that the market value of its “Snow Leopard†registered trademark intangible assets was 31 million yuan, and after 10 years of development, his current The "Snow Leopard" brand value has reached 420 million yuan. Although the annual sales of about 200 million yuan is comparable to Apple’s tens of billions of dollars in sales and its market value of 560 billion US dollars, it is hard to be a welterweight, but Tong Yu told reporters for so many years that He is working hard to be the "best toothpaste in the world," but he has his own ambitions for deepening the IT industry.
For the prospects of its digital, animation, IT and other industries developed under the “Snow Leopard†trademark, Tong Yun had wanted to collaborate with Tang Jun to create “IT Aircraft Carrier†in early 2010. In a media report in February 2010, Tong Yu said that the company is looking for a team with a wealth of listing experience, and he is most optimistic about his own "neighbor" - Chang Jun Tang Jun. Before this, Tong Yu's "Snow Leopard" series of products also wanted to hire Asia's No. 1 trapeze player Liu Xiang as an endorsement to make the "Snow Leopard" even more famous. Tong Yu said that in the 1990s, the name “Snow Leopard†was the favorite of China. In recent years, with the popular Snow Leopard Commando and the TV drama “Snow Leopard,†which was unveiled at the Beijing Olympics, “Snow Leopard†was Domestic is almost a household name. Tong Yu believes that at this critical juncture, Apple's use of "Snow Leopard" to name its operating system introduced in the Chinese market, I am afraid can not simply think of its "SNOW LEOPARD" Chinese literal translation, more should also be seen The "Snow Leopard" has gained popularity and reputation in the country. At this point, Tong Yu told reporters that he still admired Apple's brand marketing strategy.
Collected 104 evidence to bring "Apple" to court
After knowing that the "Snow Leopard" trademark was infringed by Apple, Tong Yu did not hurry to start looking for the other side and began to collect relevant evidence. In the process of gathering evidence, Tong Yu found that Apple had applied to the Trademark Office of the State Administration for Industry and Commerce for registration of the ninth “SNOW LEOPARD†trademark in October 2008, but was rejected by the Bureau. Tong Yu believes that the reason for the dismissal of Apple Inc. was that it had already registered the "Snow Leopard Appliance" trademark in the ninth category. In this case, Apple's "SNOW LEOPARD" operating system sold in the Chinese market is still called "Snow Leopard," and Tong Tong thinks that Apple's trademark infringement is very clearly known. In the collection of evidence, in March this year, among the group of infringing products purchased by Jiangsu Snow Leopard Company in Jiangyin's Huahai Company, Apple Inc. used Snow Leopard Operating System Support and Answers as an official certification.
In June of this year, Jiangsu Snow Leopard filed a lawsuit against Apple Inc., Beijing Zhide Dangkang E-commerce Co., Ltd., Shanghai Meiya Trading Co., Ltd., Shanghai Haodang Buy Trade Co., Ltd., and Jiangyin Huahai Network Technology Co., Ltd. to court. Outside of Apple, the rest of the company advertised and sold Apple's "Snow Leopard" operating system. For this infringement of trademark rights disputes and unfair competition disputes, Jiangsu Snow Leopard’s lawsuit requests include: 1. Decides that the defendants, Apple, Huahai, immediately ceased infringement and unfair competition, and destroyed infringing products and packaging; The defendants Beijing Zhide Dangkang E-Commerce Co., Ltd., Shanghai Meiya Trading Co., Ltd., and Shanghai Haodang Buy Trade Co., Ltd. deleted the contents of the word “Snow Leopard†on the Internet; 3. Decided that Apple would be made public on the Internet and national newspapers and periodicals. Apologize and eliminate the impact; 4. The defendant Apple was ordered to compensate 500,000 yuan, and the other defendants were jointly and severally liable for damages; 5 The decree ordered the defendants to bear the costs of the case.
In response, Jiang Wei, an attorney of Jiangsu Snow Leopard and a lawyer of Shanghai Wanlian Law Firm, said that this is a typical trademark infringement case. They represented 104 plaintiffs have submitted 104 evidence to the court and demanded that the defendant Apple immediately stop the infringement. .
According to the arrangement, this case will be open for trial in the People’s Court of Shanghai’s Pudong Court on July 10. Jiang Wei said that from this "Snow Leopard trademark dispute case", people saw the importance of intellectual property protection. This time Apple, the flag of the United States high-tech enterprise, ignored the existence of China's "Trademark Law," and it turned out to be The use of trademark infringement by Chinese companies is indeed an emotion. It is believed that the law will make a fair decision.
The odds of winning the word are hardly expected from third-party lawyers:
The difference in the word is unpredictable
On June 29th, Express reporters came to Apple's Shanghai-based company registration room early in the morning at Room 1815, Tower 1, Keelung Road, Waigaoqiao Free Trade Zone, Shanghai, and found that the door was closed and a piece of paper was stuck on the glass door. He wrote: "I'm on duty temporarily not in the company, if you need to contact, please call: 6132 ****. Apple Computer Trading (Shanghai) Co., Ltd." Look through the glass door, a big apple LOGO is very eye-catching.
In the afternoon of the same day, the reporter dialed "6132" and tried to get in touch with Apple Shanghai. When the reporter asked if the other party knew that the trademark infringement had received a summons from the court, a woman who claimed to be an office worker transferred the reporter’s phone number to the legal department. As a result, nobody answered the call. When the reporter called Apple again, the woman who answered the phone stated that they had a staff member who had no one answered. It was probably a business trip and said that it was not convenient for the reporter to disclose the mobile number of the staff of the legal department.
For the "Snow Leopard Gate" apple company was trapped, Wang Hongyu, director of Jiangsu Hongrun Law Firm, believes that the 9th snow leopard trademark applied by Jiangsu Snow Leopard Company is a combination of Chinese character "Snow Leopard" and Pinyin "XUEBAO", and Apple Inc. On the Chinese official website, there is only "Snow Leopard" and "Snow Leopard" and "XUEBAO" do not appear. It is difficult to say that Apple Inc. has infringed on the Chinese trademark logo of "Snow Leopard". Jiangsu Snow Leopard Co., Ltd. did not have a good chance of success in this case. But for Beijing Zhide Dangkang E-Commerce Co., Ltd., Shanghai Meiya Trading Co., Ltd., Shanghai Haodang Buy Trade Co., Ltd., and Jiangyin Huahai Network Technology Co., Ltd., if there is evidence to prove that it has used Snow Leopard prominently on the software products it sells. The Chinese logo was allegedly infringing on the trademark of Snow Leopard.
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