On July 14, the official Weibo of the Beijing Municipal Patent People's Court "Intellectual Property Beijing" released information that Delixi Group Co., Ltd. (hereinafter referred to as "Delixi Group") v. the original administrative department of China's State Administration for Industry and Commerce has been recently decided in the first instance, the appellant Delixi Group key claims have been applied, the third party Delixi Electric Collaborative Power Switch Group Co., Ltd. (hereinafter referred to as "Delixi Electric Synergy") was judged to be similar to the "height and width ratio" of Delixi Group enterprise name, It is very easy to lead to "confusion and misunderstanding" among the masses concerned.
The people's court of first instance ruled in the first instance to revoke the decision of the former State Administration for Market Supervision and Administration of the People's Republic of China (commonly known as the former State Administration for Industry and Commerce) on the disposition of the enterprise name, ordered the appellee, the State Administration for Market Regulation and Quality Supervision, to make another decision, and rejected the appellant's request that the objections to civil litigation and the objections of the administrative department should be handled together.
In 2017, Delixi Group had applied to the former State Administration for Industry and Commerce to order Delixi Electric Collaborative Power Switch to change its name but was rejected the appeal, the administrative decision was revoked by the first-instance judgment.
As a leading enterprise of electrical equipment in China, Delixi Group in September 2001 by the former State Administration for Industry and Commerce in advance of the approval of the State Administration for Industry and Commerce, in January 2001 in Yueqing City, Zhejiang Province for the official website of the Industrial and Commercial Bureau for the record changed to the current name; The third person, Delixi Electric Cooperative, originally resided in Wenzhou City, Zhejiang, and was approved by the former State Administration for Industry and Commerce in May 2014, and its name was changed to its current name, and in November 2014, it was transferred from Yueqing City to Shangrao City, Jiangxi.
In June 2017, the appellant submitted an application for objection to the enterprise name to the former State Administration for Industry and Commerce of China on the grounds that the enterprise name of the third party was similar and violated the relevant laws and regulations and the principle of good faith, requiring it to order the third party to change the enterprise name, and not to apply the same or similar enterprise name as "Delixi Electric". However, the original State Administration for Industry and Commerce rejected the appellant's request, and Delixi Group then sued.
After hearing the case, the Beijing Municipal Patent People's Court found that the Appellee's actual and specific administrative act in approving the name of the third party's enterprise violated the requirements of Article 6, Paragraph 1 of the Provisions on the Administration of Enterprise Name Registration, Articles 7 and 31 of the Implementation Measures for the Administration of Enterprise Name Registration, and therefore ruled to revoke the decision of the respondent.
Delixi Group Financial Management Center revealed, the judgment mentioned in the "Shanghai Delixi Switch Co., Ltd." (hereinafter referred to as "Delixi Switch"), "Delixi Switch Collaboration Group Co., Ltd." legal representative is the same person, and Delixi Group founder Hu Chengzhong is a fellow countryman, the same industry, and Delixi Group shareholders of a series of classmates, there is no reason not to know that Delixi Group should use "Delixi Electric" font size first. Previously, there were multiple prosecutions against each other as a result. In 17 years, "Delixi switch" was copied in the Tmall store Delixi Group design plan, counterfeiting company information and other tort liability by Shanghai Putuo District civil judgment of more than 250,000 yuan; In December last year, Hangzhou's Yuhang District ruled that "Shenzhen Delixi", which had clearly "free-riding" intentions and objectively defrauded customers, should pay 150,000 yuan in compensation and change its name.
Delixi Group level shows that the first-instance judgment once again highlights China's unswerving view of attaching importance to and maintaining patent rights and ensuring the healthy development trend of private enterprises.
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