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Papi sauce lawsuit rejected. Who is the cause of Papi sauce lawsuit?

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Papi sauce lawsuit rejected. Who is the cause of Papi sauce lawsuit?

Original title: Papi sauce lawsuit rejected. Who is the cause of Papi sauce lawsuit?

Laws and regulations net comprehensive news' net red 'Papi sauce' authorization, Tai Yang Chuan he culture media Xuzhou Co., Ltd. applied for registration of 'Papi sauce' series trademark in multiple trademark categories, the Trademark Review and Adjudication Board confirmed that the series trademark applied for registration is similar to other trademarks, and rejected the registration application.

TaiYangChuan and Xuzhou company refused to accept, and sued the commercial judges to Beijing Intellectual Property Court. Recently, the intellectual property court of Beijing rejected the lawsuit of Taizhou company of taiyangchuanhe culture. 'Papi sauce' graduated from the director department of the Central Academy of drama. Because of her humorous original short video, it became popular rapidly in 2015.

The trademark of 'Papi sauce' series is applied for registration by Xuzhou company of taiyangchuanhe culture media under the authorization of 'netred' Papi sauce '. In this series of cases, the company applied for registration of 'Papi sauce' as a trademark on designated goods or services such as category 9 (apparatus for recording and reproducing sound and image, etc.), category 25 (clothing, shoes, hats), category 35 (advertising, etc.), and category 38 (Telecommunications). After examination, the Trademark Review and Adjudication Board found that the composition of the trademark registered by Taizhou culture media Co., Ltd. is similar to that of No. 19182879 'Papi' trademark, No. 1071421 'Papi' trademark registered internationally, No. 3630646 'pai' trademark, No. 9934704 'Papi' trademark in category 25, No. 6541464 'Papi' trademark, No. 19415385 'Papi capital' trademark in category 35 The composition of Trademark No. 683237 'Papi' is similar to that of Trademark No. 19353802 in category 38.

As a result, the judges rejected the trademark registration application of Taizhou company. Taiyangchuanhe culture media Xuzhou company disagreed and sued to Beijing Intellectual Property Court. It claims that the trademark to be registered by the company is obtained from the name "Papi" of netred, which is applied for registration by the company under the authorization of "China's first netred" Papi sauce ". The trademark" Papi sauce "has been widely and well used by Jiang Yilei for many years, and has been highly significant and well-known. The trademark" Papi sauce "is quite different from the similar trademark in the opinion of the commercial judges, which does not constitute a similarity, and will not coexist in the market As a result of confusion and misidentification by the relevant public, the services designated for use of the 'Papi sauce' trademark are not similar to the services approved for use by the commercial judges. As a result, the company requested the court to cancel the sued decision and ordered the commercial judges to make a new decision.

After hearing, the collegial panel of Beijing Intellectual Property Court held that the goods and services designated for use of the 'Papi sauce' trademark belong to the same group as the goods or services approved for use by each reference trademark, which constitute similar goods or services, and the main significant identification part of each reference trademark is' Papi '. The commercial judges found that its composition is similar and not improper, which was proposed by Xuzhou company of taiyangchuanhe culture media The evidence submitted can only prove that 'Papi sauce' itself has a certain popularity as a net red name, but it is not enough to prove that 'Papi sauce' trademark has a high popularity in the designated use of goods or services. Finally, the Beijing Intellectual Property Court rejected the lawsuit of Taizhou company.

Papi sauce (Internet red man):

Papi sauce (formerly Jiang Yilei), born in Shanghai on February 17, 1987, is an actor from mainland China and graduated from the director department of the Central Academy of drama.

In 2007, he was responsible for the preparation, directing and dubbing of "healthy fashion" program of Shanghai TV sports channel. In 2009, as the assistant director of the drama "the angel of the road", he began to upload the original short video on the Internet in October 2015. In February 2016, it attracted people's attention by releasing the original short video content with the aid of the voice transformer; in March, it obtained 12 million yuan of financing, valued at about 120 million yuan; in July, it graduated from the master's class of the director department of the Central Academy of drama.

In February 2017, she starred in the comedy film "demon bell" directed by Wu Junru; in April of the same year, she was awarded the title of China Internet Promotion Ambassador, which is also the first Chinese Internet Promotion Ambassador for large-scale international environmental protection projects; on April 21, she and her partner Yang Ming donated 22 million yuan from the first business realization to her alma mater.