Recently, the Haidian Court has concluded a dispute between the plaintiff BRITISH BROADCASTING CORPORATION and the defendant Beijing Aiyuba Technology Co., Ltd. for infringing trademark rights and unfair competition. In the first instance, the court found that the use of the "BBC" logo by Aiyuba Company without authorization constituted a violation of trademark rights and unfair competition. It ruled that Aiyuba Company stopped infringing the exclusive rights of the BBC "BBC" series of trademarks and compensated for economic losses and reasonableness. The total expenditure is 1 million yuan.

Aiyuba Company used the “BBC” logo prominently on 2 websites, 1 WeChat account, and 5 mobile applications it developed without permission, infringing the BBC ’s registration of the trademarks involved Trademark exclusive rights.

According to the BBC's trademark file, registration certificate and renewal certificate submitted by the case, it has the exclusive right to use the trademark in accordance with the law, and has the right to sue in its own name against the infringement of the exclusive right to use the trademark.

The accused infringement of trademark rights committed by Aiyuba Company belongs to the use of a trademark similar to the trademark in question on the same or similar goods, and it may easily cause confusion to the relevant public and constitute an infringement of the exclusive right to the trademark in question.

Although the BBC is mainly engaged in the radio, television, and news industries, it also provides audio, video, and text materials for learners through the BBC English learning program. Therefore, there is a competitive relationship between the two.

Therefore, the court determined that the behavior of Aiyuba Company belonged to the unauthorized use of other companies' names and short names, which was sufficient to confuse and misidentify, and constituted unfair competition.

Speaking of the compensation for damages, in view of the fact that neither party submitted sufficient evidence to prove the actual amount of the actual loss or profit of the infringement, the court comprehensively considered that the infringement involved in the case is relatively long, the duration is long, the infringement is serious, the infringement is obvious, the charges of the mobile phone application software charged, With the implantation of advertising and other factors, the court found that the damages and reasonable expenses claimed by the BBC have corresponding facts and legal basis, and should be fully supported in accordance with the law.

In the end, the court made the judgment above. The case is still under appeal.

Source: bjgy.chinacourt.gov.cn