Chery Automobile Company v Guinness trademark infringement "Guinness" is a trademark of heated debat

"Chery Yi Ruize challenge the Guinness Book of China Tour" led to the "Guinness Book" is a trademark or the target of the dispute. Guinness World Records Limited believes that Chery Automobile Co., Ltd. and Anhui Chery Automobile Sales Co., said at the time held commercial tour activities, without their permission extensive use of "Guinness" and "GUINNESS" logo, trademark infringement and unfair competition, Chery requires companies to immediately stop the infringement, eliminating the effects and compensation for economic losses of 500 million.

Today, the case in Foshan City, Guangdong Province, the Intermediate People's Court, Guinness and Chery company's legal representative were not present in court. In court, the attorney on both sides Chery whether organized tour activities involved and the focus of trademark infringement Chery constitutes a fierce debate.

Focus One:

Chery whether it is involved in the tour organizers

Guinness alleged that Chery without their permission, use the "GUINNESS" "Guinness" trademark including Foshan, including at least 21 cities, organized in 26 games. "I was Guinness - Guinness challenge China tour competitions and performances "activities, such activities for commercial challenge the world record, the same as the registered trademark of Guinness approved the use of services, infringed the trademark of the company.

"Chery's official website for its media partners are involved in the activities were introduced, advocacy, and other network screenshot sufficient evidence shows that Chery is the main organizer and beneficiaries involved in activities." Guinness attorney presented in court .

Chery respondent said Guinness allegations unsubstantiated. "Guinness bears the burden of proof obligations involved in tour activities organized and implemented by the Chery, but in the present case, the Guinness company failed to provide any valid evidence of that fact; in addition, the evidence provided confirms Chery tour activities involved is carried out by a planned exhibition companies and organizations, no real association with Chery. "Chery's attorney said, so no matter whether an infringement tour activities involved are nothing to do with Chery.

Focus II:

"Guinness" is a trademark or otherwise Meaning

Guinness said the Chery company claims in its report "has, for the Chinese Chery record breaking Guinness World Record! Today, as well as 7 new Yi Ruize real force, once again challenge the world!" Can be seen, Chery alerted Guinness trademarks and commercial value, but also reflects the company involved in the tour with the previous Guinness carried out or authorized to carry out challenging activities of the same nature, from the use, purpose of use, the effect that the use of Chery is a registered trademark of Guinness use of the trademark.

Chery responded that even if the tour activities involving the use of the "Guinness" and other words in the nature of trademark use does not constitute trademark infringement.

" 'Guinness', has long been used as a synonym for' world's best 'or' record 'of being widely known and widely used in China, the tour activities involved in the' Guinness Book Challenge ', etc., whichever is the' world's most meaning '' record ', based not on the' Guinness' and other services as the difference between the source of trademark use does not constitute trademark infringement. "Chery's attorney said.

Guinness responded that involved trademark is extremely significant, authoritative dictionaries and entry to the network involved in the interpretation of trademark point to Guinness. "As a large company and Chery knows 'Guinness GUINNESS' is a registered trademark of the company Guinness, if required permission to use its trademark higher response involved circumvent obligations." If it is only to illustrate their organizations record activities is a challenge, it is completely unnecessary to use the trademark involved. "Guinness attorney said.

Chery denied the existence of a subjective intent to "Guinness" and other words as trademarks. "Tour activities involving core purpose is to show the performance of the vehicle. Therefore, the information whether the event or events, are based on the most prominent, the most striking, the most frequent form labeled 'Chery' brand and related trademarks." Chery attorney stressed that the public see the relevant information, will be very natural to think of activities related with Chery automobile.

"Moreover, the company's main business is the Guinness book publishing and record certification, the organization does not include games, performances, competitions in the fields of organization, performances, Guinness has no visibility, not because the relevant public performances, competitions and think of Guinness. "the attorney finally said.

Sentencing court is not the case, we will choose a sentencing date. (Reporter correspondent Dan Zhang Ning Huang Zhiqing)