The court's final "Grand Millionaire" does not infringe Taiwan Daewoo's lawsuit

Source: Internet
Author: User
Keywords Rich Daewoo
Tags adventure game board games business business adventure classic company financial game
"First Financial daily" reporter December 27 from the Shanghai First Intermediate People's Court learned that the court made a final judgment, the grand company to use "Grand rich" logo and "Grand rich" game name does not constitute an infringement of Daewoo Company "Monopoly" registered trademarks exclusive rights.  Popular for decades of classic board games to the PC version, the network version, mobile phone version of the game, "monopoly" the game enduring, but also caused by the Taiwan Daewoo Company and Shanghai Grand Network company on the "Grand rich" trademark right to use the fierce dispute. A Chinese court in Shanghai believes that Daewoo company in mainland China to apply for a registered trademark "monopoly", enjoy the right to exclusive trademark. However, if other people use the word "monopoly" to generalize or explain the game's purpose, rules, characteristics and content, it should not be regarded as trademark infringement.  "Tycoon" as a computer "dice points chess simulation of the way of doing business" has been widely known, for the relevant public "monopoly" and this kind of business adventure game has established a close relationship. As a result, the word "tycoon" is registered as a trademark of the "provide online game" service, but it still has the meaning of referring to the business adventure game. In addition to the general public will not be grand company's "monopoly" game mistaken for Daewoo Company's "Monopoly" game, nor will the two sources of service confused. Therefore, the company's alleged infringement is a description of the service of the corresponding game varieties of the proper use, Daewoo Company can not prohibit others to the legitimate use of this meaning.  A final judgement was made to maintain the verdict, and the judgment was immediately effective.  "The public will not confuse the sources of service between the two." As early as March 2005, registered in Taiwan Daewoo Company in the mainland registered "monopoly" text trademarks, obtained the National Trademark Office Trademark registration certificate.  Daewoo's trademark is three traditional "monopoly" text, Daewoo in the previous development of the stand-alone version of the game "tycoon" text has been used, but in addition to Daewoo company has not launched the "monopoly" network games, nor has it been "monopoly" for the trademark network operation. July 16, 2005, a grand company associated Enterprise Information Technology (Shanghai) Co., Ltd. (hereinafter referred to as "the Fun Company") research and development of the network game software obtained computer software copyright registration certificate, named "Grand Millionaire."  The company authorized Shanda to operate the game. "Tycoon 9" "Grand Millionaire" interface July 18, 2005, August 12, 2005, Daewoo Company authorized Soft Star Technology (Beijing) Co., Ltd. commissioned by the Beijing Haidian District Notary Office of the Royal Company's two sites appear "Grand rich" graphics, text signs and Shanda company to "Grand rich" game to promote  , online guidance using the "Grand Millionaire" game Name page for evidence preservation. March 16, 2006, Daewoo company also entrusted to Taiwan Banqiao Local Court of the civil notary Jian Mengrong firm to the Grand Company of another site appeared "Grand Rich" logo and "Grand Rich" game name of the use of the website witness notarization. Subsequently, Daewoo company appealed to the court to decree the Royal Internet company immediately stop infringement, compensation for economic losses of 500,000 yuan and other losses of 44800 yuan. The lawsuit request of Daewoo Company is not supported after trial court. Daewoo Company appealed. (Digging the shell net)
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