OPPLE OUPU trademark owners sue OPPLE lighting claims 50 million

The plaintiff claimed that the defendant had only the trademark right on the lamp but did not enjoy the trademark right

Although it is the name of the company called 'OPPLE lighting', but it has only 'OPPLE OUPU' in the light of the trademark products, switches, sockets, wiring boards, such as electrical products' OPPLE OUPU 'trademark is the plaintiff! Before the trial, the plaintiff's lawyer said. Yesterday afternoon, Wang and other 3 people sued OPPLE lighting Limited by Share Ltd infringement case in Beijing City Court hearing.

OPPLE lighting company has repeatedly failed IPO, the Commission announced the OPPLE lighting IPO A shares prospectus as evidence of litigation. Which shows that OPPLE lighting and its subsidiary in 2014 37.86% yuan of lighting revenue of $677 million, accounting for the proportion of electrical products, gross margin of 50.66%, according to the plaintiff claims on the basis of $50 million.

OPPLE lighting alleged infringement claims 50 million

OPPLE Lighting Co., Ltd. is a leading domestic lighting industry, sales for many years ranked in the forefront of the industry.

2010, Wang and other 3 people to become the OPPLE OUPU in the plug, socket, vacuum tubes and other aspects of the electrical goods trademark, valid until July 20, 2020.

In February 2011, OPPLE lighting related company trademark for Wang et al to the State Administration of trademark Industrial and Commercial Bureau mention "three consecutive years to stop using the Trademark Office to withdraw the application, but after the review, in June 2012 continue to maintain the effective trademark.

On the court, Wang et al's attorney said, OPPLE lighting company enjoys the "OPPLE OUPU" trademark in the lamp commodity, but in electrical goods does not have the right of trademark, OPPLE lighting company and its affiliates in the socket, wiring board, electrical goods production and sales and business promotion activities "OPPLE", "OPPLE lighting" logo, trademark infringement of Wang et al, asked the defendant to stop infringement and compensation for economic loss of 50 million yuan.

On the court, OPPLE lighting company believes that its products for use in the "OPPLE OPPLE" OPPLE lighting lighting "," just told their corporate name, not a trademark, and English "OPPLE" and "OUPU" are not the same, will not cause consumer confusion, mistake, therefore does not constitute a trademark infringement.

The defendant's agent also believes that the plaintiff approved the use of some of the goods for semi-finished products, while the defendant is the product of integrated products, different product categories.

"Recognition of infringement, does not mean that I do tort"

Court, the plaintiff lawyers also submitted evidence that the defendant in the sale of the switch socket type of goods constitute infringement, and OPPLE lighting company's 3 sales points all over the country's 31 provinces and cities, the infringement of a long time, a wide range of.

OPPLE lighting company believes that stores are selling lighting, used in the switch socket is OPPLE trademark, no infringement.

The plaintiff submitted evidence also pointed out that OPPLE lighting sales of infringing products in the major electricity supplier platform opened more than 10 shop, tort scope, high profit; and the plaintiff to a commercial website after complaints, OPPLE lighting company stopped in the home appliance sales.

OPPLE lighting company's agent explained that the modification of their own web pages, is the company's right, but at that time did not think it was necessary to trade with the plaintiff in business. An affiliate of the company said: "the recognition of infringement does not mean that I do tort".

IPO repeatedly failed to provide evidence of the prospectus

Wang, who also OPPLE lighting company's IPO A shares prospectus submitted to the court as evidence, in order to prove that the interests of the infringement within two years of OPPLE lighting company more than 50 million yuan.

According to the Commission announced OPPLE lighting "initial public offering of A shares prospectus", OPPLE lighting and its subsidiary in 2013 "lighting control and other operating income of 492 million yuan, of which the electrical products accounted for 45.85%, gross margin of 52.02%.

2014 lighting control and other operating income of 677 million yuan, of which electrical products accounted for 37.86%, gross margin of $50.66%.

The plaintiffs believe that, according to data disclosed in the prospectus, OPPLE lighting and its subsidiaries in the past two years, the interests of infringement of more than 50 million yuan, according to the proposed compensation requirements of $50 million.

This OPPLE lighting company said in the prospectus contains many categories of electrical products, the plaintiff approved the use of goods does not include all kinds of electrical products, and in the prospectus is not deducted from the gross profit margin, sales expenses, the use of behavior in the proportion of profit, the related data can not be used as a basis for compensation.

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