Qualcomm Company is known in China for its Qualcomm brand

After Apple was sued by Shenzhen Crown Company for trademark infringement, Qualcomm, another big world top 500 company, was again sued by Chinese companies for defending rights. Qualcomm is known in China as the "Qualcomm" brand, in a few short years, Qualcomm chip quickly in the domestic mobile phone chip market occupy a place, but the trouble is followed.

On the morning of June 5, a domestic semiconductor enterprise of the same name Shanghai Qualcomm Semiconductor Co., Ltd. (hereinafter referred to as Shanghai Qualcomm) announced that at the end of April, has submitted a petition to the Shanghai High People's Court, sued the United States Qualcomm trademark infringement and unfair competition, the court has now accepted and filed.

Shanghai Qualcomm's acting lawyer Yang Universe said Shanghai Qualcomm's rights to defend the position includes the demand that the United States Qualcomm immediately stop trademark infringement and completely stop using all "Qualcomm", the United States Qualcomm knowingly China Qualcomm (referred to Shanghai Qualcomm) will be "Qualcomm" legally registered first, But still wanton infringement of the use of Qualcomm trademarks, China Qualcomm's operation has caused bad impact and huge losses, the demand for compensation for Shanghai Qualcomm infringement losses of 100 million yuan; in the newspaper to Shanghai Qualcomm and even the whole society to apologize.

Who's "Qualcomm"?

In an interview with the 21st century Economic report, Yang Universe said that there were two defendants in the case, the first defendant was Qualcomm incorporated of America, and the second defendant was the Shanghai branch of Qualcomm Wireless Communications Technology (China) Limited, a branch in China.

He explained that since the first defendant posted a large amount of infringing propaganda on his Qualcomm Chinese website, the second defendant was jointly and severally responsible for displaying the website's sponsor as the second defendant in the ministry's domain name registration information System.

It is understood that the plaintiff Shanghai Qualcomm was founded in 1992, and synchronous registration of "Qualcomm" trademark, its early Hancock business and Lenovo, Jinshan, now the main relying on chips, focusing on smart chips, intelligent life, intelligent logistics and intelligent education four major markets. Clearly, two companies have a competitive relationship in some businesses.

Shanghai Qualcomm said that the "infringement" of American Qualcomm companies began in the last century. 1994, the United States Qualcomm Company began to apply for Qualcomm trademarks in China, the font used in China to translate to Carcans; But since 1998, after entering the Chinese market, it began to use the word "Qualcomm" as a trademark for some of its products and services; 2001, The United States Qualcomm Company in China set up Qualcomm Wireless Semiconductor Technology Co., Ltd. and Qualcomm Wireless Communications Technology (China) Limited, formally "Qualcomm" as the enterprise size. For a long time, the US Qualcomm company did not apply for a "Qualcomm" trademark.

Yang Universe said that until 2010, the United States Qualcomm Company to register Qualcomm 9th and 38th category of trademarks, but because it has been registered in Shanghai Qualcomm, it has not been registered to pass.

According to the 21st Century Economic report reporter learned that in 2002, Shanghai Qualcomm has been formally to the United States Qualcomm Company issued a letter of attorney, but the latter ignored, continue to "Qualcomm" the size of the publicity. In the meantime, two companies have tried to communicate. But Cheng Ruping, Shanghai Qualcomm's chairman, said the US Qualcomm company was trying to buy a "Qualcomm" trademark for 50,000 yuan, which made her feel humiliated. The first negotiation failed.

Trademark infringement

American Qualcomm Company was founded in 1985, with the Shanghai Qualcomm Semiconductor industry, its 2013 with 17.2 billion U.S. dollars in revenue to stabilize the world's IC design first. In China, with the emergence of the smart phone market, Qualcomm Chip emerging, mainstream mobile phone brands of millet, ZTE, Lenovo, some products are used Qualcomm chip.

At the same time, with the word "Qualcomm" brand promotion throughout the network. Yang Universe to the 21st century economic reporter said that the U.S. Qualcomm Company will be "Qualcomm" in China for its products and services trademarks, including but not limited to its official website www.qualcomm.cn, the official Sina Weibo, Sina blog and other promotional materials to use a large number of " Qualcomm, 骁丽, "Qualcomm Chip", "Qualcomm Snapdragon Chip", "Qualcomm Reference design" and so on, all violate the Shanghai Qualcomm four trademarks of trademark rights (the first "662482", "776695", "4305049" and "4305050" China registered trademark).

At the same time, he also said that the U.S. Qualcomm Company will be "Qualcomm" and its affiliated companies to translate the name of the enterprise names used by the behavior, including, but not limited to, Qualcomm, Qualcomm, Qualcomm, Qualcomm China, Qualcomm Technology, Qualcomm Technology, and the United States high-tech company, High-pass Innovation Center, Qualcomm Internet Service Group, Qualcomm CDMA Group, Qualcomm Venture capital, Qualcomm Life Company, Qualcomm Wireless Medical department, Qualcomm MEMS technology company, etc., also constitute infringement of the above four trademarks, and constitute unfair competition.

Shanghai Qualcomm said forced and the company's normal operation needs, the company only hired lawyers to start the collection of evidence and notarization preparation, and filed a lawsuit to the court. Yang Universe, for example, now Baidu search "Qualcomm", appears to be related to the United States Qualcomm Qualcomm Information, which is the Shanghai Qualcomm brand Promotion is a kind of damage.

In the case, the legal basis for the agency's prosecution included the trademark law in force in 2014 and the interpretation of the 2002 Supreme People's Court on several issues concerning the application of law in the adjudication of civil disputes over trademarks.

The former 57th stipulates specific acts that infringe the exclusive rights of registered trademarks, the second of which is the use of trademarks similar to their registered trademarks in the same commodity without the permission of the trademark registrant, or the use of trademarks of the same or similar kind on the same goods as their registered trademarks, which may lead to confusing behavior. The latter explains the act of causing other damages to the exclusive right of a registered trademark of another person, which includes the use of the same or similar text as the trademark of the other person as the size of the enterprise to be used as the name of the business, which makes it easy for the relevant public to produce mistaken behavior.

In response to the case, the US Qualcomm company, replying to an interview with the 21st century economic reporter, said the company had been informed of the matter and had recently received relevant legal documents that would be coordinated within the framework of the law. However, no comment has been made on the events that have entered the judicial process.