Precedent Used Unregistered Trademark with Certain Influence could be Used Continually within the Original Scope of Use
— Hefei Wuwu Yi Network Technology Service Co., Ltd. v. Shanghai PPDAI Financial Information Service Co., Ltd. for Trademark Infringement
[Summary]
Before the trademark registrant applying for the registration of trademark, if another person has used a trademark with certain influence, which is identical or similar to the registered trademark on the same or similar goods, the owner of the exclusive right to the registered trademark has no right to prohibit the user from using such trademark within the original scope of use. When determining whether the precedent used unregistered trademark has certain influence or not, the use period and territorial scope, publicity, public awareness of the trademark and other factors should be taken into account.
[Facts]
Plaintiff (Appellant): Hefei Wuwu Yi Network Technology Service Co., Ltd. (hereinafter referred to as Wuwu Yi Company)
Defendant (Appellee): Shanghai PPDAI Financial Information Service Co., Ltd. (hereinafter referred to as PPDAI Company)
