1. "Master Bao" trademark infringement dispute case

Bao Caisheng Company was established on May 4, 2015. Its business scope includes catering management, hotel management, and organizing cultural and artistic exchanges Activities etc. On September 28, 2014, Peng Mouli applied for registration of the word trademark "Master Bao" No. 12484211, which was approved for use on Class 30 commodities such as "pastry, cakes, bread, and biscuits". On March 20, 2017, Peng Mouli transferred the above-mentioned trademark to Bao Caisheng Company in accordance with the law, and Bao Caisheng Company became the right holder of the trademark.

Analysis:

Based on the evidence in the case, the court held that Bao Caisheng Company is the trademark owner of the registered trademark "Master Bao", and its exclusive right to register the trademark is protected by law. . As for the registered trademark No. 17899179, although the approved product scope of the trademark includes bread in Category 30, the registered trademark is a graphic trademark and does not include any Chinese characters. Yuanduo Beverage Store cannot use this to claim that it has the right to sell bread, The words "Master Bao" are used on pastries and other products.

As for the registered trademark 17899060, the trademark is a graphic trademark, and the scope of products approved for use includes mineral water, juice and other beverages in Class 32, and does not include bread and pastry products. Yuanduo Beverage Store cannot claim that it has the right to use the words "Master Bao" on bread, pastries and other products.

As for the registered trademark No. 17899096, the approved use scope of the trademark includes restaurants and restaurant services in Category 43. However, the existing evidence shows that the store involved in the case operated by the defendant provides sales of bread, pastries and other products. Moreover, bread and pastries are made in advance and displayed on the counter, which is essentially different from catering services that are produced and processed in time to meet consumer needs and provide food, facilities, and consumption places.

Therefore, the scope of use of the logo involved is inconsistent with the approved service items No. 17899096 authorized by Yishang Company. In summary, Yuanduo Beverage Store did not standardize the use of the registered trademark authorized by Yishang Company, and its use of the involved logo on the bread and pastries it sold fell within the scope of protection of the registered trademark rights of Bao Caisheng Company involved in the case.

According to this, the Suzhou Industrial Park Court made a first-instance judgment, ordering Yuanduo Beverage Store to immediately stop the infringement and compensate Bao Caisheng Company for economic losses and reasonable expenses totaling RMB 50,000.

2. Consumer Rights Protection Case

Recently, the Consumers Association of Zhungeer Banner received a complaint: Consumer Yang bought a machine at an agricultural machinery sales office in Xuejiawan The tractor kept experiencing high temperatures during use. He went to the merchant several times to deal with it, but failed to solve it. As a last resort, Yang went to the Consumer Association for help.

Processing results:

After receiving the complaint, the staff of Zhungeer Banner Consumer Association immediately contacted Yang to understand the specific situation, and contacted the merchant to verify and confirm the specific situation. The content of Mr. Yang's complaint is true and correct, and there is indeed a problem with the merchant's products. After several mediations, an agreement was finally reached. The merchant would help Yang solve the high temperature problem of the tractor. If the problem could not be solved, the merchant would replace the engine. If the high temperature problem was not solved, the merchant would agree to replace the tractor with a new one.

Interpretation of the case:

Article 24 of the "Consumer Rights and Interests Protection Law" stipulates:

"The goods or services provided by the operator do not meet the quality requirements If there are no national regulations and parties’ agreement, consumers may return the goods within seven days from the date of receipt;

If the statutory conditions for contract termination are met after seven days, the consumer may return the goods in a timely manner. If the statutory conditions for contract termination are not met, the operator may be required to perform replacement, repair, etc. obligations in accordance with the provisions of the preceding paragraph. The operator shall bear the necessary expenses such as transportation.”

Article 48 stipulates:

“If an operator provides goods or services under any of the following circumstances, unless otherwise provided in this law. In addition, civil liability shall be borne in accordance with the provisions of other relevant laws and regulations: (1) if the goods or services are defective; (2) for repairs, redoing, replacement, returns, replenishing the quantity of goods, refunding payment and The request for service fees or compensation for losses is intentionally delayed or unreasonably rejected.

”

In this case, because the merchant’s product itself has problems, Yang can require the merchant to perform replacement, repair, etc. obligations in accordance with national regulations.

3. Intermediary extortion case

On April 1, 2018, Mr. Liu, a Beijing consumer, rented a house in Siheshangyuan Community, Xicheng District, through Beijing’s “I Love My Home”. According to reports, the house was rented by “I Love My Home”. After leasing it from the original landlord, the monthly rent was 12,000 yuan. The two parties signed a one-year contract, and "I Love My Home" charged an agency fee equivalent to one month's rent.

One year later, Mr. Liu wanted to renew his lease, but was told that the rent would rise to 12,500 yuan per month.

Mr. Liu didn't care much about the rent increase, and when he was about to pay, he discovered. , there was an additional 12,500 yuan in fees! After asking, I found out, "If you renew the lease, you will need to pay an agency fee again." Mr. Liu calculated that this is equivalent to more than 1,000 yuan in monthly rent.

“I Love My Family’s approach is suspected of using a standard contract to increase Mr. Liu’s obligations. "

Han Xu, a lawyer at Beijing Zhizhou Law Firm, believes that Article 26 of the "Consumer Rights and Interests Protection Law" stipulates:

"Operators shall not use standard terms or notices to , statements, store notices, etc., to make unfair and unreasonable provisions for consumers such as excluding or restricting consumer rights, reducing or exempting operators from responsibilities, increasing consumer responsibilities, etc., and shall not use formal terms and use technical means to force transactions . If the format terms, notices, statements, store notices, etc. contain the contents listed in the preceding paragraph, their contents are invalid. "

The intermediary market is a mixed bag. Although the regulatory authorities have been managing it, there are still some intermediaries that do not provide intermediary services, but privately mark "intermediary services" in the contract, forcing consumers to pay intermediary fees, such as If refused, threats such as cutting off water and electricity or forcing locks to be changed are used. In serious cases, this is an act of extortion that infringes on the victim’s property ownership in the name of intermediary services.

People’s Daily Online - Is it enough to pay the agency fee once for rent renewal?

People’s Daily Online - The Consumers Association will solve the problem of purchasing agricultural machinery

People’s Daily Online - named "Bao" "Master" caused an infringement case