标签归档 武汉狼盟

　　With today’s headlines, can there be "today’s fried dough sticks" and "today’s noodles"? Recently, this issue has caused netizens to watch. Today’s fried dough sticks company in Henan has designed a storefront that is highly similar to today’s headline LOGO and its APP interface, and a slogan similar to today’s headline "You care about the headline": "You care about you is a good fried dough sticks", and the business looks good.

　　However, the announcement of Guangzhou Intellectual Property Court recently showed that Beijing ByteDance Technology Co., Ltd., to which today’s headline belongs, took "Today’s fried dough sticks" to court.

　　Does today’s fried dough sticks constitute infringement? What is trademark infringement? What punishment will "today’s fried dough sticks" face once they are convicted of infringement? Please see the lawyer for a detailed explanation.

　　Can "Today’s Headline" Trademark be Cross-protected?

　　According to the enterprise survey data, today’s fried dough sticks catering management Co., Ltd. was established on May 13 this year with a registered capital of 1 million yuan. In addition to the "Today’s fried dough sticks" signboard, today’s fried dough sticks company applied for 16 trademarks such as today’s noodles, many cakes, instant cakes and tomorrow’s fried dough sticks in the categories of food, catering accommodation and convenience food. However, the above trademark applications are in a state of "waiting for substantive examination" and have not been successfully registered at present.

　　China’s trademark law stipulates that using a trademark similar to its registered trademark on the same commodity or using a trademark identical to or similar to its registered trademark on similar commodities without the permission of the trademark registrant is likely to lead to confusion, which is an infringement of the exclusive right to use a registered trademark.

　　The reporter noted that although ByteDance Company also registered the "Today’s Headline" trademark in the international classification "Class 43", the sub-item is "Day Nursery (babysitting); Animal foster care; Blankets for rent. " The trademark "Today’s Headline" registered in such sub-projects as "restaurants, teahouses and cafes" has passed the preliminary examination under the name of "Xia Rong (Shanghai) Catering Management Co., Ltd.". Therefore, "Today’s Headline" does not actually have the prior right of the trademark of the restaurant category, and whether the "Today’s Headline" trademark of the information technology category can be protected to the catering category will become the key.

　　Huang Hui, an intellectual property partner of Wanhuida, believes that now is the era of attention economy, and today’s deep-fried dough-strips company is still applying for quick cakes and lots of cakes. In fact, they all want to take a shortcut and hitchhike and should not be encouraged. "This is obviously a free ride by taking advantage of other people’s market reputation." Huang Hui believes that the word "today’s headline" itself is relatively weak, because "today" and "headline" are the daily language of news media, but combined with the special graphic expression, according to the judicial interpretation of protecting well-known trademarks in China, today’s headlines may still be protected by well-known trademarks.

　　Wu Xinhua, a senior partner of Beijing Weiheng Law Firm and director of the intellectual property department, also said that "Today’s Headline" itself is a word combination with weak distinctiveness, but it has gained high popularity and is well known by the relevant public after being widely used and publicized by ByteDance Company in recent years. However, whether it can be protected as a well-known trademark depends on the trial of Guangzhou Intellectual Property Court.

　　Main identification elements of trademark infringement

　　The cross-border imitation of "today’s fried dough sticks" is not unusual. Around well-known enterprises, "trademark imitation show" is often staged. Then, in judicial practice, how to identify trademark infringement? As long as the names are close, is it infringement?

　　The reporter noticed that there is a ready-made case that is very close to today’s fried dough sticks, which can be used to illustrate.

　　Pinduoduo, a well-known e-commerce platform, has been ridiculed by many people as "fighting for the evening". In November 2017, Shanghai Shita Information Technology Co., Ltd. registered the trademark "Pinxixi", and launched the website "Pinxixi Mall", WeChat WeChat official account and the mobile phone software "Pinxixi". On the "Pinxi Shopping Mall", there are also columns such as time-limited spike, quality fruit, half-day arrival, spelling love, 9 yuan and 9 special sales, and even imitating Pinduoduo’s advertising slogan: "Shopping APP that 100 million people are fighting for".

　　In 2018, Pinduoduo’s Shanghai Dream Search Technology Co., Ltd. sued Shanghai Shita Information Technology Co., Ltd. to the court on the grounds of trademark infringement and unfair competition.

　　The court’s first-instance judgment clearly stated that the central part of the two trademarks is Chinese "spelling". Observing the trademarks of the two brands with the general attention of the relevant public, the overall structure is similar, and it is easier for the relevant public to use Chinese "spelling" as the calling keyword when identifying the two brands. In addition, Pinduoduo’s trademarks are well-known and prominent. When the relevant public identifies the accused logo in isolation, it is easy to misunderstand the service source. Therefore, the court ruled that the two trademarks constitute similar trademarks, and the use of the accused logo by Shita Company infringed the exclusive right to use the trademark enjoyed by Dream Search Company.

　　It can be seen from the court’s judgment that the key to trademark infringement lies in whether the main identification elements will cause misidentification.

　　"Specific to this case, the design of the scarlet letter in today’s headline box is its unique logo, and its popularity is high. Today, the attempt to imitate the use of fritters is obvious." Huang Hui analyzed, "When the court identifies a well-known trademark, it should combine the specific pattern to identify it."

　　In other words, whether today’s fried dough sticks or today’s noodles are suspected of hitchhiking on today’s headlines, as for today’s fried dough sticks, highlighting the word "fried dough sticks" in the form of oblique red frame and white background in the trademark, highly imitating the trademark and propaganda slogan of today’s headlines, and the intention of creating associations is very obvious, which is likely to infringe on the exclusive right to use trademarks enjoyed by ByteDance.

　　"China’s trademark law stipulates that applying for trademark registration shall not damage the existing prior rights of others, nor shall it preemptively register trademarks that others have used and have certain influence by unfair means. In addition, for well-known trademarks registered by others, the trademark law gives cross-class protection under certain conditions. " Wu Xinhua said, "ByteDance can object to the trademark of today’s fried dough sticks in accordance with the law during the announcement period of preliminary examination. If it is a registered trademark, you can file an application for invalidation. "

　　"Bangda Brand" can be fined up to 5 million yuan.

　　Regarding his trademark registration, the person in charge of today’s fried dough sticks company explained: "I brush today’s headline APP every day, and I am a loyal user, ‘ Next to the big name ’ Just for fun. " The company also issued an "open letter", saying that it should take headlines as an example and be a favorite breakfast brand for ordinary people.

　　"If the report is true, the words of the person in charge of today’s fried dough sticks company just show his subjective intention, which will be unfavorable to the enterprise in determining the facts of the case." Wu Xinhua believes.

　　According to the trademark law, the infringer usually has to bear the responsibility of stopping the infringement, and the perpetrator who knows or should know that it is an infringement also has to bear the responsibility of compensation. If the circumstances are serious, they shall also bear criminal responsibility.

　　In recent years, China’s protection of intellectual property rights, including trademarks, has been increasing. In April 2019, the National People’s Congress Standing Committee (NPCSC) revised the Trademark Law to increase the punishment for infringement of the exclusive right to use a trademark. The revised terms increased the amount of compensation for malicious infringement of the exclusive right to use a trademark from more than one time to less than three times to more than one time to less than five times, and raised the upper limit of legal compensation from 3 million yuan to 5 million yuan. The revised terms came into effect on November 1, 2019.

　　"Operators must enhance their awareness of intellectual property rights and respect the prior trademark rights and interests of others, ‘ Next to the big name ’ It’ s cool for a while, and there are two lines of tears after the calculation. Malicious infringement of the exclusive right to use registered trademarks of others will be severely punished by law. " Wu Xinhua reminded, "In addition, the Anti-Unfair Competition Law stipulates that it is forbidden to use the same or similar marks such as commodity names, packaging and decoration that have certain influence on others without authorization. Today, the font pattern used by the fritters company on the storefront signboard is very similar to today’s headline trademark, and it is also suspected of violating the Anti-Unfair Competition Law. "

Global information group new culture business

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A quick look at information

1. Ne Zha box office finally broke 5 billion.

2. Zhang Yongchang, Vice President of Himalaya: The cash flow is quite good, and there is not such a strong demand for listing and fundraising.

3. Tencent Video: The number of paid members has exceeded 100 million.

4. "Gunshot of the Whole People" was sentenced to plagiarize the map of "Crossing the Fire Line", and Tencent was awarded more than 45 million yuan.

5.12 Departments jointly issued a document: Focus on checking online games, live broadcasts, short videos and educational applications.

6. Today’s headline responded to Baidu’s lawsuit: Headline search has always supported brand protection.

7. The domestic animation "Mr. Miao" announced an emergency withdrawal.

8. The annual tragedy "Cat" is expected to bring a huge loss of $71 million.

9. Frozen II ranks among the top three in the global annual box office.

10. Tesla CEO Musk: Disney+ is about to enter Tesla Cinema.

Domestic information

1. Ne Zha box office finally broke 5 billion.

On December 28th, after the re-recording at the box office, the domestic animated film Ne Zha finally broke 5 billion, making it the second domestic film to break 5 billion after Wolf Warriors 2. At present, the film ranks second in the box office list of China film history. This film is the highest-grossing animation in China, and it is also the film that China Mainland declared as the "Best International Film" for next year’s Oscar.

Due to some studios’ behavior of concealing data or intercepting box office, a few days ago, the National Film Bureau issued a notice asking all studios in the country to check with third-party e-commerce whether the box office data of e-commerce sales in 2019 is consistent with the data reported by the state. If there is a difference, you need to make up the box office difference. This has also caused some films to increase at the box office after re-recording.

2. Tencent Video: The number of paid members has exceeded 100 million.

Tencent Video released the 2019 annual index report, showing that the average daily coverage of Tencent Video has exceeded 200 million, and the number of paid members has exceeded 100 million; This year, there are 149 domestic dramas on Tencent Video, which is 10 fewer than that in 2018. At the same time, the single-day broadcast volume of TV drama channels has set a record, with the peak exceeding 1.5 billion. The proportion of male and female drama chasers has gradually increased: 54.3% are male drama chasers, which holds up half the sky of TV drama users. (36Kr)

3.12 Departments jointly issued a document: Focus on checking online games, live broadcasts, short videos and educational applications.

Twelve departments, including the National Health and Wellness Commission, Publicity Department of the Communist Party of China, State Administration of Radio, Film and Television, and the Central Network Information Office, issued the "Healthy China Action-Action Plan for Children and Adolescents’ Mental Health (2019-2022)", which mentioned that management departments should strengthen supervision over online content, timely discover and clean up illegal and harmful publications and information related to children and adolescents on the Internet, and focus on checking online games, webcasts, short videos, educational apps, etc. with more problems, and crack down on online gambling and education. (澎湃)

4. Today’s headline responded to Baidu’s lawsuit: Headline search has always supported brand protection.

Today’s headline released an explanation about "brand protection" through the official WeChat WeChat official account. Today’s headline said in the explanation that it has received a lawsuit from Baidu about unfair search ranking. Since its launch, headline search has always supported brand protection; No matter whether the brand buys the advertising service of headline search or not, it will be protected by this principle. At present, headline search is constantly broadening the coverage of brand protection.

On December 19, 2019, Haidian Court Network issued a case report. Express shows that Baidu sued today’s headlines on the grounds of unfair competition. Baidu said that its copyrighted video products were used by today’s headlines as keywords to trigger search advertisements in "headline search" and interfered with search results. Specifically, in today’s headline mobile phone client, the headline search service is used to search for "good-looking video" and "Baidu video", and the search results show that the headline product is "watermelon video".

5. The domestic animation "Mr. Miao" announced an emergency withdrawal.

The domestic animation "Mr Miao", originally scheduled to be released on December 31st, has been withdrawn, and the new schedule has not been announced yet. Mr. Miao is produced by the light striped house film industry, and both of them are derived from the original worldview of not thinking about everything, which "has the ultimate national style of ink painting and profound ideological connotation". Guangcai intends to create a "Guo Man Diablo Series". It is reported that "Mr. Miao" has a total of 1600+ shots, which was polished by the first-line animation production team for four years.

6. Didi launched a variety show: "Let’s go, master! 》

Recently, Didi launched a variety show called "Let’s go, Master! 》。 The program was jointly produced by Didi’s film and television company Beijing Granula Orange Media Co., Ltd. and Canxing Production, jointly produced by iQiyi and exclusively broadcast on this platform. At present, a program registration entrance and a viewing entrance are set in the taxi interface of Didi App. The first issue of this program was updated on December 25th, lasting about one hour, and the form of the program is similar to China’s Got Talent.

Didi established Beijing Granular Orange Media Co., Ltd. on November 12 this year with RMB 10 million from Hidesuke. Sky Eye Survey shows that the company’s business scope includes TV drama production, audio-visual product production, electronic publication production, film distribution, etc. It is wholly owned by Beijing Xiaoju Technology Co., Ltd..

7. "Gunshot of the Whole People" was sentenced to plagiarize the map of "Crossing the Line of Fire", and Tencent was awarded more than 45 million yuan.

Recently, the Shenzhen Intermediate People’s Court made a first-instance judgment on the case that Tencent sued seven companies, including Changyou Yunyun and Heroes Entertainment, for copyright infringement, and found that six game maps of the mobile game Gunfight for the Whole People released by Heroes Entertainment infringed the copyright of the online game Crossing the Line of Fire, and ruled that the seven defendants immediately stopped the infringement and jointly compensated Tencent for economic losses and reasonable rights protection expenses exceeding 45.24 million yuan. Tencent has the exclusive agency operation right of Crossfire in Chinese mainland from 2012 to 2021. (21st century business herald)

8. Zhang Yongchang, Vice President of Himalaya: The cash flow is quite good, and there is not such a strong demand for listing and fundraising.

Zhang Yongchang, vice president of Himalaya, said that the problem we have always wanted to solve is the sinking of users, because it is still relatively high-tech and concentrated in first-and second-tier cities. He said that we have been rumored (listed) and have not admitted it. In fact, our cash flow is quite good, and there is no such strong demand for listing and fundraising. At this stage, we don’t care much about whether it is profitable, because even if it is profitable, we have to invest in our content layout again. Our industry is still small, and the speed is still not fast enough, but faster.

Foreign information

1. The annual tragedy "Cat" is expected to bring a huge loss of $71 million.

Ten days after the release of Cats, a musical visual masterpiece produced by Universal, the film based on the classic musical of the same name only received US$ 17.82 million in North America, which did not reach one-fifth of the cost line. The fantastic visual effect style of the film has attracted bad comments from audiences and film critics. The global box office of the film is nearly $37 million, including over $16 million in the United States and $20 million overseas. According to industry estimates, the film disaster will cause huge losses of about $71 million to the producers.

2. Frozen II ranks among the top three in the global annual box office.

The cumulative box office of Frozen II in North America has reached $421 million, easily surpassing the final score of the first Frozen ($401 million). "Frozen II" has also become Disney’s fifth box office-breaking work this year. At present, Mickey Mouse has swept the top five in the annual box office.

After the film landed in the last batch of overseas markets, the cumulative overseas box office has reached 796 million US dollars, and it will easily break through the 800 million mark. Its global cumulative box office has reached 1.218 billion US dollars, successfully surpassing Spider-Man: Heroic Expedition (1.132 billion) and Captain Surprise (1.128 billion), ranking among the top three box offices in the world. According to the current momentum, the final box office of the film will hit more than $1.3 billion.

In 2020, American media and technology companies will face a severe regulatory environment in Russia.

American media and technology giants may face more pressure in Russia next year because various laws are being tightened. New protectionist legislation is aimed at Apple, Facebook, Twitter and Netflix, and more measures are being formulated.

At the same time, the operation prospect of global streaming media services such as Netflix and Apple TV+ in Russia is still unclear. Before the launch of Apple TV+, the Russian government indicated that it would prepare legislation to restrict the operation of foreign video services to protect domestic companies from the impact of foreign competitors, especially Apple.

4. Comcast buys free streaming service Xumo

According to the Wall Street Journal, people familiar with the matter said that Comcast was in deep talks to acquire Xumo, an advertising-supported video streaming company. Xumo, located in Irvine, California, provides a free advertising-supported streaming service. As Comcast’s nbc Universal prepares to launch Peacock, a streaming service, the financial terms of the potential deal are unclear.

5. Tesla CEO Musk: Disney+ is about to enter Tesla Cinema.

According to foreign media reports, Elon Musk, CEO of Tesla, said Disney+ will soon enter the Tesla cinema. Now, Tesla Cinema includes streaming media services Netflix and Hulu, as well as oil pipes, Twitch and a Tesla Tutorials channel.

Previously, Musk had pointed out that when the regulator approved autonomous driving, Tesla would allow passengers to watch videos while the car was driving.

6. The director of Mysterious Sea quits again.

According to foreign media reports, Taravis Knight, the director of Bumblebee and Magic String Legend, withdrew from directing the game adaptation film Mystic Sea starring Tom Hollander, the Little Spider. According to public reports only, he is the sixth director to quit.

Previously, directors who have quit include: David O. Russell (american hustle), neil burger (Out of Reach), seth gordon (Beach Ranger), Sean Levi (Fantastic Night at the Museum) and Dan Trachtenberg (No.10 Clover Road).

End

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Original title: Global Information | Cat is expected to bring a huge loss of $71 million.

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CCTV News:In the past two days, relevant data such as the operating income of central enterprises and the national express delivery business income in the first quarter of this year have been released one after another, with a significant year-on-year increase.

A good start, central enterprises achieved revenue of 9 trillion yuan in the first quarter.

The State-owned Assets Supervision and Administration Commission of the State Council reported on April 16th that in the first quarter of this year, the economic benefits of central enterprises grew rapidly, with operating income of 9 trillion yuan, total profit of 617.9 billion yuan and net profit of 472.3 billion yuan, up by 15.4%, 14.6% and 13.7% respectively. Taxes and fees paid were 734.8 billion yuan, a year-on-year increase of 20.9%. The data shows that in the first quarter of this year, the economic operation quality of central enterprises was further improved, the investment in R&D funds and the annualized labor productivity of all employees were continuously improved, the overall asset-liability ratio remained stable, and the investment in fixed assets grew steadily.

State Post Bureau: In the first quarter, the business volume of express service enterprises exceeded 24 billion pieces.

According to the data of the State Post Bureau, in the first quarter, the total postal service business in China totaled 64.92 billion yuan, a year-on-year increase of 5.5%; The business volume of postal delivery services reached 7.26 billion pieces, up 14.7% year-on-year. The national express business revenue in the first quarter totaled 239.28 billion yuan, up 6.9% year-on-year. The business volume reached 24.23 billion pieces, up 10.5% year-on-year.

CCTV News:On August 10th, "News Network" reported China’s solid achievements in foreign investment structure, summer consumption market and the operation of China-Europe trains. The data shows that the structure of China’s utilization of foreign capital continues to be optimized, and the "magnetic attraction" of the China market continues to increase..

Since the beginning of this year, foreign capital has accelerated the layout of new quality productivity, new industrialization and other related fields, and has been deeply integrated into the China market, which has further optimized China’s foreign capital utilization structure.

This French-funded enterprise, which has been deeply involved in China for 35 years, has made new moves recently. Not only in the field of tire manufacturing, four newly established subsidiaries of the company, focusing on emerging fields such as high-tech materials, have landed in China.

In recent years, with the development and production of Toyota fuel cell in Japan and Bosch new energy vehicle project in Germany, more and more foreign-funded enterprises have invested in advanced manufacturing and high-end service industries. Many foreign investors are optimistic about the cooperation opportunities in China’s industrial chain, supply chain and innovation chain, and their investment focus has been shifted to upstream design and production research and development.

At present, the National Development and Reform Commission, together with relevant departments, has initiated the revision of the catalogue of industries to encourage foreign investment, and will increase support for advanced manufacturing, modern service industry, high technology, energy conservation and environmental protection. At the same time, China has vigorously developed new quality productive forces, strengthened open cooperation, and increased support from foreign investment access, factor guarantee and fair competition, providing a broader space for foreign investment development.

In the first half of this year, the actual use of foreign capital in China’s high-tech manufacturing industry was 63.75 billion yuan, accounting for 12.8% of the country’s actual use of foreign capital, an increase of 2.4 percentage points over the same period last year; Medical equipment and instrumentation manufacturing increased by 87.5% year-on-year; At the same time, the professional technical service industry featuring R&D centers increased by 43.4% year-on-year.

1-mdash this year; In June, the number of newly established foreign-funded enterprises in China was nearly 27,000, a year-on-year increase of 14.2%. China’s foreign capital utilization structure has been continuously optimized.

Summer tourism hot products are rich in diverse experiences

Entering the summer vacation, the tourism market all over the country is hot, and citizens and tourists actively experience the new mode of summer vacation and enjoy the good summer time.

This summer, the tourism market is becoming more diversified and autonomous. Lin ‘an District, Hangzhou, Zhejiang Province is holding a summer activity of river travel, taking a kayak and going down the river along the ancient town of Heqiao to feel the fun of outdoor sports in the natural beauty, which has attracted many outdoor sports enthusiasts.

Summer vacation has always been the peak of study tour. This summer, the research scene is constantly "new". Feel the innovation of space science and technology on the spot, and inspire the enthusiasm of primary and secondary school students to understand the mysteries of space. Exploring the footprints of prehistoric behemoths, experiencing an intangible skill and feeling the beauty of cultural relics have become hot spots for summer students to punch in. In Deyang, Sichuan, the Sanxingdui new building has received 890,000 tourists in its first summer after its official operation. Driven by the successful application of the Central Axis for World Heritage, many line products featuring ancient capital culture and Beijing flavor culture are very popular in Beijing. From July 1st to yesterday (August 9th), Beijing municipal parks have received 184,600 foreign tourists, an increase of 90% compared with last year.

According to the data of several tourism platforms, the orders of tourism products related to summer vacation have more than doubled this summer. Orders for tourism products in cool destinations such as grasslands, lakes and mountains increased by over 20% year-on-year. Minority destinations also attract a large number of tourists. The summer county tourism orders increased by 22% year-on-year, and the overall tourism orders after 00 increased by 50% year-on-year. According to the news from the Ministry of Culture and Tourism, in the first half of 2024, the number of domestic tourists was 2.725 billion, a year-on-year increase of 14.3%. Domestic tourists spent a total of 2.73 trillion yuan, a year-on-year increase of 19.0%. The number of foreigners entering China at various ports reached 14.635 million, up 152.7% year-on-year, of which 52% entered China visa-free, exceeding 8.5 million, and most of them were foreigners visiting China.

From January to July, China-Europe trains operated 11,403 trains.

The reporter learned from China State Railway Group Co.,Ltd. that from January to July this year, 11,403 trains were operated in China and Europe, and 1.226 million TEUs were delivered, up by 12% and 11% respectively, and more than 1,700 trains were operated in a single month for three consecutive months.

Port reloading capacity continued to improve. From January to July, the traffic volume of China-Europe trains in the three main transport corridors of west, middle and east increased by 15%, 22% and 2% respectively year-on-year, and the China-Europe trains in the trans-Caspian channel were normalized.

The scale of high-quality international logistics services has expanded. In addition to Xi ‘an and Chengdu, new trains from Chongqing, Yiwu, Wuhan, Guangzhou to Duisburg, Germany and Lodz, Poland have been added, with 17 trains running steadily every week.

Railway departments of countries along the route cooperate closely, actively use new technologies such as Beidou satellite positioning and 5G, strengthen safety marking and control throughout the journey, ensure the safe and stable operation of China-EU trains, and provide strong transportation guarantee for promoting China-EU trade development and providing high-level services to the outside world.

At the end of the second quarter, the loan balance of Pratt & Whitney small and micro enterprises increased by 17.1% year on year.

According to the latest statistics of the General Administration of Financial Supervision, at the end of the second quarter, the loan balance of inclusive small and micro enterprises nationwide was 32 trillion yuan, a year-on-year increase of 17.1%; The indemnity and payment expenditure of insurance companies was 1.23 trillion yuan, a year-on-year increase of 33.1%. The financial service capabilities of the banking and insurance industries have been continuously strengthened. The quality of credit assets of commercial banks is generally stable, and the solvency of insurance industry is sufficient.