According to a number of ** reports, on December 17, a Douyin live broadcast room called "Western Selection" attracted the attention of netizens, because the anchor's appearance and speaking style were similar to Dong Yuhui, and netizens questioned that it was a high imitation of Dong Yuhui. Subsequently, the live broadcast account of "Western Selection" was banned, according to the Western Selection, his account was banned by the complaint of Oriental Selection, and a screenshot of the backstage complaint was posted, and the complaint description stated that "the respondent moved and edited our company's original ** and ripped the live broadcast content of our company's live broadcast room without permission, creating heat for himself to bring goods, bringing losses to our company's goodwill, intellectual property rights and actual operation, and causing cognitive confusion to consumers." Please assist our company after verification by the platform, and urge the complained account to delete all the infringements of our intellectual property rights under the account**.
The relevant person in charge of Douyin said that the account involved counterfeiting and improperly gaining popularity, and the platform has banned the account, withdrawn the live broadcast permission, erased the improper acquisition of fans, and canceled its profit-making permission.
In fact, there is more than one Li Ghost selected by the East. Since the explosion of Oriental Selection, the trademarks of "Western Selection", "Southern Selection" and "Northern Selection" have been applied for registration by many companies, and the international classification involves convenience food, catering and accommodation, advertising and sales, etc. According to the company's information, as of December 21, Western Reserve had a total of 5 trademark applications, of which 3 have been registered. There are a total of 16 trademark applications selected by the north, but none of them have been successfully registeredThere are a total of 27 trademark applications selected by Nanfang, of which 18 are rejected and invalid, and 1 shows that the registration is successful.
It is worth noting that as early as the era of education and training, New Oriental, the parent company of Oriental Selection, had encountered trademark disputes. On September 19, 2019, Beijing New Oriental Xuncheng Network Technology Co., Ltd. sued Xinfang New Concept Training School in Longzihu District, Bengbu City to the Intermediate People's Court of Bengbu City, Anhui Province, claiming 600,000 yuan, and the cause of action was a trademark infringement dispute.
According to the civil first-instance judgment, the plaintiff New Oriental claimed that it had received a report and complaint email from a parent of a student in Bengbu City, Anhui Province, who suspected that he had "gone to a fake New Oriental School".cn" and "koolearn" trademarks were made into large-scale outdoor billboards, background walls at the company's front desk, and interior decorations of the company for display, and the defendant claimed to be "New Oriental" in advertisements (WeChat, roll-up banners, etc.).
The court held that the No. 17524453 and No. 9631442 registered trademarks in which New Oriental Company was entitled included schools (education), training, teaching, and counseling (training), and that the business scope of New Oriental Company included tutoring for cultural classes in primary and secondary schools and educational information consultation, and that New Oriental's service items were similar to those of New Oriental Company. The company used the same logo as the registered trademark of New Oriental Company in the decoration of its glass doors and the background wall of the front desk, and the relevant public paid general attention to it, which was enough to cause confusion about the service **, or to misunderstand the existence of a specific connection between New Oriental Company and New Oriental Company. Accordingly, because the use of the above-mentioned registered trademarks without permission by Singapore Company in the similar services approved by the No. 17524453 and No. 9631442 registered trademarks in which New Oriental Company has rights, it is sufficient to cause confusion and misidentification among the relevant public, which is an infringement.
The defendant Xinfang New Concept Training School in Longzihu District, Bengbu City was sentenced to compensate the plaintiff Beijing New Oriental Xuncheng Network Technology Co., Ltd. for infringement damages totaling 50,000 yuan, and rejected the other litigation claims of the plaintiff Beijing New Oriental Xuncheng Network Technology Co., Ltd.
However, New Oriental Company believed that the amount of compensation awarded in the first instance was too low to punish Xinfang New Concept Company's infringement, so it filed an appeal in April 2020, requesting that New Fang New Concept Company be sentenced to 600,000 yuan in compensation to New Oriental Company. However, the Anhui Provincial High People's Court of the second instance held that the facts ascertained in the first-instance judgment were clear and the law was correctly applied, and should be upheld. Therefore, the appeal was dismissed and the original judgment was affirmed.
Whether it is to open a high-imitation account by rubbing hot spots, or rubbing trademarks to carry out business activities, it is nothing more than to earn attention and traffic, attract the public's attention, and expand the communication effect. However, "rubbing" needs to be within the boundaries of the law, and must not infringe on the interests of others, violate public order and good customs, and cannot harm the public interest.
Guo Lin, a lawyer at Sichuan Aohe Law Firm, believes that Western Zhenxuan's behavior is suspected of infringing trademark rights and constituting anti-unfair competition.
The Oriental Selection was premiered on December 28, 2021, Dong Yuhui was on fire on the evening of June 9, 2022, and on December 11, 2023, the Oriental Selection "Small Composition" incident occurred, and it frequently appeared on the hot search, while the Western Selection suddenly appeared on the evening of December 17, 2023, and it received a million ** on the night of the broadcast.
The name of the live broadcast room of Western Selection is only one word different from that of Oriental Selection, which may be suspected of trademark infringement. According to Article 57, Paragraph 2 of the Trademark Law, trademark infringement is constituted if a trademark similar to its registered trademark is used on the same goods without the permission of the trademark registrant, or a trademark identical or similar to the registered trademark is used on similar goods, which is likely to cause confusion. "Oriental Selection" is a registered trademark, and "Western Selection" uses similar names and logos on similar services or the same service (live streaming) without its permission, which is likely to confuse the public and cause misunderstanding, which is suspected of trademark infringement.
Western Selection "hires anchors who look similar to Dong Yuhui and publishes ** with a similar style to Dong Yuhui and uses a similar name to Dongfang Selection, which may be suspected of violating the "Anti-Unfair Competition Law". Dong Yuhui has a strong ability to absorb traffic (the ability to attract traffic) after the fire, and after the "small composition" incident, Western Zhenxuan suddenly appeared, using Dongfang Selection and Dong Yuhui's fame and popularity to sell goods live to make a lot of traffic for profit, which is suspected of unfair competition.
The act of rubbing hot spots itself is not necessarily illegal, but it is necessary to pay attention to the method, and the trick is all in one rubbing. Rubbing, that is, gently rubbing, thrilling people from the flowers, the leaves do not stick to the body;It doesn't hurt to dip it, it doesn't hurt or itch. If you recklessly collide with it, you will inevitably have a blue nose and swollen face, and even burn yourself. Therefore, you must learn Chinese well, at least junior high school textbooks. (Contents**|.)Knowing the Cause)