"Ultraman" was recognized as a well-known trademark: the infringer was ordered to pay 800,000 yuan

"Ultraman" was recognized as a well-known trademark: the infringer was ordered to pay 800,000 yuan

Recently, Ultraman's general copyright agent in mainland China, Shanghai Xinchuanghua Culture Development Co., Ltd., issued a statement saying that it had received a "Civil Judgment" from the Beijing Intellectual Property Court, which determined that the "Ultraman" trademark constitutes a well-known trademark.

In this case, Shenzhen Hongyun Technology Co., Ltd. manufactured and sold an "Ultraman" children's electric toothbrush without permission. Moreover, the company prominently marked "Ultraman official genuine co-branded" in the video content of the infringing product; the product name used "Ultraman", and it was clearly marked "Ultraman official co-branded model" and "Ultraman official authorized co-branded model" below, and "Ultraman" appeared many times in the video text.

The court held that Hongyun Company produced and sold children's electric toothbrushes that infringed the "Ultraman" trademark, and deliberately marked them with words such as "Ultraman official genuine co-branded" and "co-branded authorized", which was sufficient to cause confusion among consumers. It was suspected of violating the Trademark Law and infringing on the trademark rights of Xinchuanghua Company.

Hongyun Company should immediately stop the infringement, stop using the "Ultraman" trademark for product promotion, and compensate Xinchuanghua for economic losses and reasonable expenses totaling 800,000 yuan within seven days from the date the judgment takes effect. Since the defendant Hongyun Company was dissatisfied with the first-instance judgment and filed an appeal, the case is currently under trial at the second instance.

Xin Chuanghua Company stated that it attaches importance to intellectual property rights and promotes the sustainable development of enterprises. It calls on all sectors to establish awareness of respecting knowledge and protecting intellectual property rights, and jointly create a healthy environment that encourages knowledge innovation and protects intellectual property rights.

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