An Analysis On An Unfair Competition Dispute Case Of Beijing And Tianjin "Niren Zhang"

In recent years, in the field of intellectual property cases of unauthorized use of China on the "old" business as well-known commodity rather peculiar name represents an infringement of endless. As one of the ten judicial protection cases of intellectual property the Supreme Court issued in2013,its influence is self-evident.In the dispute case of Beijing and Tianjin "Niren Zhang",the plaintiff Tianjin "Niren Zhang" thinks that the accused Beijing "Niren Zhang" knows "Niren Zhang" is a well-known commodity peculiar name that belongs to plaintiff, and it is not unauthorized to identity and similarity use,and causing consumers confusion and misidentification.It is a serious damage to the original owner’s interest.And it is an act of unfair competition. After the first instance of Beijing Second Intermediate Court, second trial of the Beijing High Court and the retrial of Supreme Court, although it appears opposite verdict in the first instance and second trial, the retrial judgment of Supreme Court is the same with the first instance of the Beijing Second Intermediate Court.It idendifys that the accused Beijing’s "Niren zhang" behavior belongs to unfair competition.There are three major focus of controversy in this case.The first one is that whether the "Niren Zhang" is a well-known commodity peculiar name. The second one is that whether the behavior of the accused Beijing "Niren Zhang" belongs to the identity and similarity use for"Niren Zhang".The last one is that whether the behavior of the accused Beijing "Niren Zhang" belongs to unfair competition. Through the "Anti-Unfair Competition Law" and other relevant legal provisions on well-known commodity peculiar names and unfair competition rules shows that Beijing Second Intermediate Court and the Supreme Court finds the focus on the dispute is consistent with current theories of judicial practice and academia. It follows that "Niren Zhang" is a well-known commodity peculiar name.And the behavior of accused Beijing "Niren Zhang" is the identity and similarity use to "Niren Zhang" and belongs to the act of unfair competition.It is triggering some problems and improving suggestions on protecting the rights of well-known commodity.I hope it will be helpful in the future.