real kung fu? Everyone has his own opinion on whether the logo of Bruce Lee is used. I think it's worthwhile to destroy the image of Bruce Lee because of 211 million yuan, but it doesn't necessarily destroy the image. I don't agree with this act of stealing the image of others.
As to whether the advertising logo of Kungfu is infringing, in fact, there has always been a debate since the trademark of the company was officially registered and used in 2114.
The real kung fu talents use an animated image that looks like Bruce Lee. Is it matched? Real kung fu? The combination of this name will really remind people of Bruce Lee, a kung fu superstar.
In fact, the matter has never been finalized in the early years of the judiciary, and the real Kung Fu has not changed its trademark, but it continues to be used today. At the same time, Kungfu has done a good job in protecting its own trademarks, and has successively registered a large number of homogenized trademarks to avoid being infringed by others in China. In other words, the company has a clear understanding of the relevant legal knowledge of trademark infringement.
Li Xiangning's prosecution entrusted Ye Fang as its attorney, and Ye Fang put forward the opinion that when submitting trademark remarks, he wrote:? Real kung fu graphics? The content is by Bruce Lee Kung Fu modeling patterns and? Real kung fu? 、? Steamed nutrition expert? A modeling pattern composed of text combinations.
It shows that there is intentional infringement intention in its trademark, and Cai Dabiao, the founder of Kungfu, refused the reasonable suggestion of obtaining authorization from the descendants of Bruce Lee, which is a malicious infringement. Regarding the follow-up trial of this case, referring to relevant laws, the image used by Kungfu is cartoon, which can be defended in turn. This image is original design.
The Shanghai No.2 Intermediate People's Court, which Li Xiangning filed this lawsuit, is not responsible for handling trademark infringement cases. The plaintiff needs to hand over the cases to the State Trademark Review and Adjudication Board and Beijing Intellectual Property Court for handling. In the course of litigation, another important thing is that according to Article 45 of China's Trademark Law, if the trademark infringement is invalid due to infringement, it needs to be raised within 5 years from the infringement caused by trademark registration and use. However, at present, all the trademarks registered by Kungfu have been more than five years old. For these trademarks, Li Xiangning can at most get corresponding compensation, but it cannot ask Kungfu to stop using the current trademarks.