Mobil is a renowned trademark in the world. Another company, however, acted a step ahead of the global oil giant to register the namesake domain name. In its first-instance ruling for the dispute between Exxonmobil and American Mobil International Oil Group over trademark right and unfair competition, Shanghai No.1 Intermediate People's Court issued an injunction against American Mobil, ordering it to remove any ill effect and indemnify the plaintiff 500,000 yuan in damages.
The court held that, though the on webpage hyperlinked by the website has the defendant's own trademark, public may still easily be led to believe there is certain association between the products on the site and the registered trademark of the plaintiff for the defendant uses the plaintiff's highly reputable trademark. Business transactions ensue after such recognition.
(China IP News)
2013-07-17