"Although its company name is 'Oupu Lighting', it only has the trademark right of 'Oupu OUPU' in the lamp products. The trademark of 'Oupu OUPU' for electrical products such as switch sockets and terminal blocks is the plaintiff!" Before, the plaintiff’s lawyer said. On the afternoon of May 12, Wang and other three people sued Op Lighting Co., Ltd. for infringement case in the court of Chaoyang District, Beijing.
Op Lighting has repeatedly failed IPOs, and the Opum Lighting's “IPO Prospectus†announced by the China Securities Regulatory Commission became evidence of litigation. It shows that Op Lighting and its subsidiaries had revenue of 677 million yuan in lighting in 2014, electrical products accounted for 37.86%, gross profit margin was 50.66%, and the plaintiff claimed 50 million yuan on this basis.
Op Lighting is accused of claiming 50 million infringement claims
Op Lighting is a leading company in the domestic lighting industry, with sales ranking among the best in the industry for many years.
Since 2010, Wang and other three people have become trademark owners of "Oupu OUPU" in electrical products such as plugs, sockets, vacuum tubes, etc., valid until July 20, 2020.
In February 2011, Opal Lighting's affiliates filed a “revocation application for three consecutive years†to the Trademark Office of the State Administration for Industry and Commerce for the trademark rights of Wang and others. However, after the Trademark Office reviewed, the trademark continued to be maintained in June 2012. effective.
In the court, the lawyer of Wang et al. said that Op Lighting Company enjoys the trademark rights of “Oupu OUPU†on the lamps, but does not enjoy the trademark right in the electrical products. Op Lighting and its affiliates are in the socket and wiring. The use of "Oupu" and "Oupu Lighting" logos in the production and sales of electrical products such as boards and commercial promotion activities infringes on the trademark rights of Wang and others, requiring the defendant to stop infringement and compensate economic losses of 50 million yuan.
In court, Op Lighting believes that it uses “OPPLE Op Lighting†on its products. “Oupu Lighting†is only the company name of the defendant, not a trademark, and the English “OPPLE†and “OUPU†are not the same, and will not cause consumption. The person is confused and misunderstood, and therefore does not constitute trademark infringement.
The defendant's agent also believed that some of the goods approved by the plaintiff were semi-finished products, and the defendant's products were integrated manufactured products with different product categories.
"Recognizing infringement does not mean that I do infringe"
In the court, the plaintiff's lawyer also submitted evidence that the defendant constituted infringement when selling switch-type and socket products, and the 30,000 sales points of Op Lighting Company were spread across 31 provinces, autonomous regions and municipalities across the country, with long-term infringement and wide scope.
Op Lighting believes that the store sells lighting, and the "OPPLE" trademark is used on the switch socket, and there is no infringement.
The plaintiff also submitted evidence that Op Lighting has sold infringing products in more than 10 online stores opened by major e-commerce platforms, and the scope of infringement is wide and profitable; and after the plaintiff complained to an e-commerce website, Op Lighting stopped The sales in this home appliance business.
Opti Lighting's agent explained that it was the company's right to modify its own webpage, but it was not considered necessary to be commercially entangled with the plaintiff. An agent of the company's affiliated company said: "Accepting infringement does not mean that I do infringe."
IPO repeatedly failed prospectus into claim evidence
Wang et al. also submitted Opal Lighting’s “IPO A Share Prospectus†to the court as evidence to prove that the company’s infringement benefits in the two years exceeded 50 million yuan.
According to the Opum Lighting's “Annual Public Offering A Share Prospectus†announced by the China Securities Regulatory Commission, Opal Lighting and its subsidiaries' “Lighting Control and Others†operating revenue in 2013 was 492 million yuan, of which “electrician†products accounted for 45.85% and gross profit margin was 52.02. %.
In 2014, “lighting control and other†operating income was 677 million yuan, of which “electrician†products accounted for 37.86% and gross profit margin was 50.66%.
The plaintiff believes that according to the data disclosed in the prospectus, Oupu Lighting and its subsidiaries have more than 50 million yuan in infringement benefits during the two years, and accordingly proposed a compensation of 50 million yuan.
In this regard, Op Lighting said that there are many types of electrical products included in the prospectus. The plaintiff approved the use of the product category does not include all electrical products, and the profit in the prospectus is gross profit, without deducting sales expenses, the defendant's use behavior is profiting. The proportion of the data, so the relevant data can not be used as compensation basis.
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