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新浪首页 > 新浪教育 > Honda sues over motor trademark

Honda sues over motor trademark
http://www.sina.com.cn 2004/06/04 10:17  Shanghai Daily

  Honda Motor Co Ltd is suing a local motor retailer and Chongqing Lifan Industry (Group) Co Ltd, the largest privately owned motor producer in China, for trademark violation.

  Honda accused the two defendants of selling and producing motors that carry the trademark "SOR," which is similar to its registered trademark "SCR."

  The Shanghai No. 2 Intermediate People's Court heard the case yesterday. Honda is demanding the two accused stop the violation and recall and destroy all motors that infringed the trademark. It is also seeking 17.36 million yuan (US$2 million) in compensation.

  Honda said in the lawsuit that it registered the SCR trademark with the State Trademark Administration in 1999 and Wuyang-Honda Motors (Guangzhou) Co Ltd, a joint venture, is the only domestic motor producer that was authorized to use the trademark.

  In December 2000, Honda bought two LF100T-type motors produced by Lifan in the Shanghai Wenan Motor Co Ltd for 6,300 yuan each.

  To check whether the Lifan motor violated its interior design patent, Honda disassembled one and kept another in a storehouse in Qingpu District.

  "We found there were SOR signs on the two sides of the motors, the same position as Honda motors," said Honda's attorney Xin Zhesheng. "It is quite similar to the SCR trademark in the number of letters, arrangement, pronunciation and especially font."

  The first defendant, Wenan Motor Co Ltd didn't appear in court yesterday.

  Chongqing Lifan, however, denied it had used the "SOR" logo.

  "We have our own registered brand and trademark of 'Lifan.' We needn't use others' trademark," said Wu Zhonglin, the lawyer representing Chongqing Lifan. "It is impossible for the group's products to cause confusion among consumers and Honda hasn't shown any consumers were misguided."

  The lawyer also questioned whether the motor that wasn't disassembled was really produced by Lifan and whether the logo on the disassembled motor was added by someone else.

  Honda stressed that the two motors were kept in the possession of notaries since they were purchased. Before the lawsuit, Honda had posted several letters to Chongqing Lifan, demanding the company stop the violation. Chongqing Lifan said in its reply that it had already stopped using the SOR trademark.

  The court hasn't set a date to announce the verdict.

  Meanwhile, Honda also filed six lawsuits with the Shanghai No. 1 Intermediate People's Court against eight domestic motor producers and retailers for trademark and patent violations.




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