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      Word of difference "tesco" v. "tesco" trademark infringement unfair competition
      Release time:2018/6/11 16:36:08      Number of clicks:881

      Due to think with their holdings of trademark "tesco" there's only "tesco" trademark confusing and cause infringement, recently, tesco, tesco (China) investment co., LTD. (hereinafter referred to as the tesco) to the defendant tesco shi Liu Guyao shop (Beijing) trading co., LTD. (hereinafter referred to as tesco is Liu Guyao shop) citing the infringement trademark rights and unfair competition to the fengtai court, as well as to stop infringing its 500000 claim economic loss and reasonable expenses. At present, Beijing fengtai district people's court has formally accepted the case.

      TESCO has sued crown jewel holdings ltd. as a controlling subsidiary of TESCO, the world's third-largest retailer and the UK's largest retailer. Since 2005, dingchao (cayman island) holding co., ltd. has registered the "tesco" series trademark in category 35 successively, and obtained the exclusive use of the trademark in mainland China. In early 2008, Tesco and its affiliates completed an image overhaul of all its stores across the country, unifying all its stores and supermarket stores as "Tesco". By 2011, tesco had set up 103 large integrated supermarkets and 14 medium convenience stores in China. After a long period of extensive use and publicity, the "tesco" series of trademarks have been well known in the relevant public. A recent survey found that tesco company established in June 2012, tesco company Liu Guyao shop, its store signs in the store, store signs, signs, posters, CARDS, brochures, and store goods labels several USES more than one contains "tesco" trademark, for is engaged in the retail services.

      Tesco thinks, tesco shi Liu Guyao shop more than without authorization will not include the word "tesco" trademark use in tesco approved the "tesco" series trademark legally registered earlier by using the same service class, 35 and its actual use of trademark in Chinese of the Chinese characters "tesco" brand more than a word "shi", on the trademark visual effects, pronunciation and meaning are both confused approximation, easy to make the relevant public mistaken for tesco shi Liu Guyao shop service source for tesco. At the same time, tesco's liu jiayao store arbitrarily USES "tesco shi" as its business name, which is similar to the confusion caused by the registered trademark of the "tesco" series, which is the first of tesco's famous brands. Tesco's liujiayao store has made huge profits from the above behaviors and caused serious losses to the company. So on the basis of "trademark law", "anti-unfair competition law" regulation, Sue requesting the court tesco shi Liu Guyao shop immediately stop using the "tesco", "tesco life square" and other trademarks; Immediately stop using the company name "tesco shi (Beijing) trading co., LTD. Liujiayao store"; To publish statements in national newspapers and periodicals to eliminate the impact; Indemnify economic loss and reasonable expenses of 500,000 yuan and bear legal costs.

      The case is now being tried further.


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