The ban on the Douyin account of Western Reserve is one of the hot topics of discussion today. Oriental Reserve is on the cusp of the first time, and Western Reserve can be said to have committed crimes against the wind, and it is reasonable that it has been banned for suspected infringement.
Why infringement, what rights are violated?"Oriental Selection" is a live streaming platform, New Oriental enjoys the exclusive right to use the trademark "Oriental Selection", and after long-term use, the "Oriental Selection" trademark has a high reputation and reputation.
Western selection and Eastern selection are the same four words, and there are two different words, isn't the difference quite big?This is an oversimplification. Judging from the overall aspects of glyphs, pronunciation, and meaning, Western Selection is a similar logo to Eastern Selection. The use of "Western Selection" in the name of the Douyin account and live broadcast operation is likely to cause confusion among the relevant public, making people mistakenly believe that it is someone else's goods or has a specific connection with others, which constitutes unfair competition under Article 6 of the Anti-Unfair Competition Law.
By the way, "Western Selection" does not constitute trademark infringement because it is only used in the name of the Douyin account, not as a product logo or service mark, and does not belong to the "prominent use" under the Trademark Law, so it does not meet the constitutive elements of trademark infringement.