'Little yellow car' | Trademark owner v. 'Ofo Little yellow car' | Infringement | Claim 3 million

Recently, several Intelligent Technology Co., Ltd. (referred to as 'a few companies') because of 'Little Yellow car' infringed the 'Little Yellow Car' registered trademark, 'ofo Little Yellow car' all Beijing Bai Klock Technology Co., Ltd. (referred to as 'ofo Company') sued the court for a claim of 3 million.

On July 29, 2015, Kabum filed a trademark application of 'Little Yellow Car'. On February 22, 2017, with the approval of Shanghai Pudong New Area Market Supervision Bureau, 'Kabo (Shanghai) Network Technology Co., Ltd.' was renamed as 'Several people (Shanghai) Intelligent Technology Co., Ltd.'

Ono, May 17, 2017, OFO officially changed its brand name from'ofo Shared Bicycle 'to' ofo Little Yellow Car ', and Tree Company considers OFO Company to be subjectively seeking' ofo Little Yellow Car 'as its product / Service source identification.

The Tree Company found that the trademark "ofo small car" used by OFO was similar to the registered trademark "small car" owned by Shure, and ofo said "ofo small car" in App name, App details, App start-up interface, user login interface, App service main interface, the use of scanning interface, the official website App download interface, App user service agreement, App version records, official advertising and activities in the continuous, repeatedly used in a prominent position, belonging to Objectively, the "ofo Little Yellow Car" has been used in the meaning of the Trademark Law.

The tree company that, ofo company's behavior constitutes a tree company's registered trademark infringement, it will ofo company sued the court.Request the court to determine the ofo infringement of its registered trademark, and the judgment ofo immediately stop the infringement, Stop using 'Little Yellow Car' trademark; judgment ofo in the relevant media, the website published a statement to eliminate the impact of economic losses of 300 million compensation and related expenses.

At 8 o'clock on the November 8, Haidian formed a collegiate bench to hear the case according to law. Chen Changyi, president of the Zhongguancun Tribunal, served as presiding judge and former defendant agent of Haidian Court attended the trial.

In the case of several corporate appeals, ofo said the company uses 'Little Yellow Car' for descriptive, good-faith and reasonable use, and is on 'bicycle rental, internet rental bike' service, even if it is trademarked, Plaintiff involved in the registered trademark of the approved use of goods, services on the use.

In addition, ofo also pointed out that the plaintiff for a long time the real trademark of the use of 'little yellow car' is a malicious registered trademark, its purpose is to profit through litigation.

In the end, after a four-day hearing, the two sides expressed their willingness to mediate under the auspices of the court, and the court did not pronounce the case.

2016 GoodChinaBrand | ICP: 12011751 | China Exports