April 2, 2021
Recently, the guangdong province higher people's court to "lego" v "happy together" series logo trademark infringement and unfair competition case to make a final judgment, concluded that "happy together" manufacturers in guangdong beauty to intelligence teaching science and technology co., LTD., guangdong us to wisdom to teach science and technology co., LTD. The second company, shantou gameloft spell toys co., LTD., and so on constitute trademark infringement and unfair competition, and the extent of bad, ordered to immediately stop infringing, Dr Compensation lego co., LTD., the economic loss and reasonable expenses for stopping the infringement of a total of 30 million yuan.
Guangzhou intellectual property court first - instance investigation, since 2015, the legal representative of Meizhi, Li Moumou, and others have copied Lego toys, which constitutes trademark infringement and unfair competition. Thus, the three defendants were ordered to compensate the economic loss of Lego and the reasonable expenses paid to stop the infringement, totaling 3 million yuan. After the verdict, both sides disputed the amount of compensation and appealed to the Guangdong High People's Court.
Guangdong high court second - instance investigation, the "LEGO" series trademark has long been the main logo used by the relevant public to identify LEGO products. Meizhi's serial use of the "LePin" logo easily leads to public confusion. Based on the reasonable estimation of the profit rate of related industries, the overall profit of the infringing products involved should be far more than 160 million yuan.
Therefore, the Guangdong High People's Court held that Meizhi had obvious maliciously attached to and imitated Lego, which was a serious infringement and should be given a heavy compensation judgment. Therefore, it supported the compensation claim of Lego in full and revised the judgment that LePin should compensate Lego for the related economic losses of 30 million yuan.
Source: Weibo of Guangdong Provincial High People's Court
