1. "Master Bao" trademark infringement dispute case

Bao Caisheng Company was established on May 4, 2115, and its business scope includes catering management, hotel management and organizing cultural and artistic exchange activities. On September 28th, 2114, Peng Moli applied for registration of No.12484211 "Master Bao" word mark, which was approved for use in 31 categories of commodities such as "cakes, cakes, bread and biscuits". On March 21, 2117, Peng Moli transferred the above trademark to Bao Caisheng Company according to law, and Bao Caisheng Company became the owner of the trademark.

Analysis:

The court held through trial that Bao Caisheng Company is the trademark owner of the registered trademark of Master Bao, and its exclusive right to use the registered trademark is protected by law. As far as registered trademark No.17899179 is concerned, although the approved use scope of the trademark includes bread in Class 31, the registered trademark is a graphic trademark, which does not include any Chinese characters. Therefore, Yuanduo Beverage Store cannot claim that it has the right to use the word "Master Bao" on bread, cakes and other commodities.

as far as the registered trademark 17899161 is concerned, the trademark is a graphic trademark, and its approved commodity scope includes 32 kinds of mineral water, fruit juice and other beverages, excluding bread and cakes. Yuanduo Beverage Store cannot claim that it has the right to use the word "Master Bao" on bread, cakes and other commodities.

As far as the registered trademark No.17899196 is concerned, the approved use scope of the trademark includes the 43rd category of restaurants and restaurant services. However, the existing evidence shows that the shops involved in the case operated by the defendant provide sales of goods such as bread and cakes, and the bread and cakes are all made in advance and displayed in the cabinet, which is essentially different from the catering services of food, facilities and consumption places that are made and processed in time and provided at the request of consumers.

therefore, the use scope of the logo involved in the case is inconsistent with the service item authorized by Yishang Company No.17899196. To sum up, Yuanduo Beverage Store did not use the registered trademark authorized by Yishang Company, and its use of the logo involved in the case on the bread and cakes it sold fell within the protection scope of Bao Caisheng Company's registered trademark right involved in the case.

accordingly, the court of Suzhou industrial park made a first-instance judgment, ordered Yuanduo Beverage Store to immediately stop the infringement, and compensated Bao Caisheng for its economic losses and reasonable expenses amounting to 51,111 yuan.

2. Consumer Rights Protection Case

Recently, Zhungeerqi Consumer Association received a complaint: a consumer Yang bought a tractor in an agricultural machinery sales office in Xue Jiawan, and there was a high temperature all the time during the use. He went to the merchant several times to deal with it, but it was always unsuccessful. As a last resort, Yang went to the consumer association for help.

Handling result:

After receiving the complaint, the staff of Zhungeer Banner Consumers Association immediately contacted Yang to find out the specific situation, and contacted the merchant for verification according to the specific situation to confirm that the contents of Mr. Yang's complaint were true and correct, and it was indeed that there was something wrong with the goods of the merchant. After several mediations, an agreement was finally reached. The merchant solved the high temperature problem of the tractor for Yang. If it could not be solved, the merchant replaced the engine. If the high temperature problem has not been solved, the merchant agreed to replace the new tractor.

Interpretation of the case:

Article 24 of the Law on the Protection of Consumer Rights and Interests stipulates:

"If the goods or services provided by the operators do not meet the quality requirements, the consumers may return them according to the state regulations and the agreement of the parties concerned, or require the operators to fulfill the obligations of replacement and repair. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt;

after seven days, consumers can return the goods in time if they meet the statutory conditions for terminating the contract. If they do not meet the statutory conditions for terminating the contract, they can ask the operators to fulfill their obligations such as replacement and repair. If the goods are returned, replaced or repaired in accordance with the provisions of the preceding paragraph, the operator shall bear the necessary expenses such as transportation. "

Article 48 stipulates:

"Unless otherwise provided by this Law, a business operator shall bear civil liability in accordance with the provisions of other relevant laws and regulations when providing goods or services: (1) The goods or services are defective; (2) Deliberately delaying or unreasonably refusing the consumer's request for repair, rework, replacement, return, replenishment of commodity quantity, refund of payment for goods and services or compensation for losses. "

In the case, because there is a problem with the merchant's goods, Yang can ask the merchant to fulfill the obligations of replacement and repair in accordance with state regulations.

3. Intermediary extortion case

On April 1, 2118, Mr. Liu, a Beijing consumer, rented a house in Sihe Shangyuan Community in Xicheng District through "I Love My Home" in Beijing. Reportedly, the house was rented to Mr. Liu after I loved my family and packed it from the original landlord. The monthly rent is 12,111 yuan, the two parties signed a 1-year contract, and "I love my family" charged an agency fee equivalent to 1 months' rent.

a year later, Mr. Liu wanted to renew the lease, but was told that the rent had risen to 12,511 yuan/month.

Mr. Liu doesn't care too much about the rent increase. When Mr. Liu planned to pay the money, he found that there was an extra 12,511 yuan in the cost! Only after asking, "if you renew the lease, you need to pay the agency fee again." According to Mr. Liu's calculation, this is equivalent to more than 1,111 yuan in rent per month.

"I love my family's practice, which is suspected of using standard contracts to aggravate Mr. Liu's obligations."

Han Xu, a lawyer of Beijing Zhizhou Law Firm, believes that Article 26 of the Law on the Protection of Consumers' Rights and Interests stipulates:

"Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc., and shall not use format clauses to force transactions by technical means. Format clauses, notices, statements, store notices, etc. contain the contents listed in the preceding paragraph, and their contents are invalid. "

The intermediary market is a mixed bag of fish and dragons. Although the regulatory authorities have been managing it, there are still some intermediaries who, without providing intermediary services, privately mark "intermediary services" in their contracts, forcing consumers to pay intermediary fees. If they are rejected, they will take threats such as cutting off water and electricity or forcibly changing locks. If the circumstances are serious, it is a kind of extortion that infringes on the property ownership of the victims in the name of intermediary services.

People's Daily Online-Do you have to pay an agency fee once to renew the lease? Consumers say "I love my family" hard enough!

People's Daily Online-Consumers Association to solve the infringement case caused by People's Daily Online-named "Master Bao"