The reporter learned from Sany Heavy Industry yesterday that the London High Court of the United Kingdom ruled on October 23 that it dismissed the lawsuit of Daimler-Benz regarding the Sany trademark infringing its Trident trademark. Since then, the trinity group and Mercedes-Benz’s trademark battle have achieved substantial victories. A major obstacle to the internationalization of Sany Heavy Industry was removed.
In 2006, Sany handed the trademark registration application to the United Kingdom. In the United Kingdom, Sany registered the company's graphic logo and the text “SANY†as a trademark. The scope of the application is to use the trademark in products of category 7 and 12 that are closely related to construction machinery.
Unexpectedly, has a "three-pointed star" trademark of Daimler-Benz company Sany trade mark registration opposition, requested a review of the trademark dispute. However, when the opposition review process was not completed, Daimler even infringed on its registered trademark rights on the grounds of the Trinity Trademarks, and a paper complaint pushed Sany to the defendant's seat in the London High Court.
Comparison of the two signs
"Thirty-one graphic trademarks are similar to Mercedes-Benz's 'three-pointed star', which confuses consumers; Sany's logo has infringement and suspicion of counterfeiting; Sany's trademark takes advantage of the advantages of the Mercedes-Benz brand and occupies 'unfair advantage'". Three severely worded lawsuits put the 31 in a passive situation.
Unlike the Mercedes-Benz company's three-pointed star graphics, Sany chairman Liang Wengen's graphical interpretation of the Sany trademark is: "The Trinity logo is composed of three '1's. Growing up and going to the world, the three '1s' reflect the company's mission of creating a first-rate enterprise, creating first-rate talent, and making first-rate contributions."
In January 2009, Daimler could not apply to the court to apply for a summary judgment [1] procedure in this case, requiring a temporary injunction for the use of the Trinity trademark in the United Kingdom. However, according to the evidence provided by the Trinity, the court rejected the request on Daimler’s grounds. The summary judgment expired and the case continues to apply to ordinary procedures. On July 6, the case was heard in court.
On October 23, the judgment of the High Court of London in England published the verdict and held that Sany's "intent" for using the logo in the British market was simply because the logo was a trademark that Sany had established and used by the company for a long time. Dismissed Daimler 's infringement lawsuit.
The London High Court also ruled that there is no evidence that the Trinity logo appears close to a trident. This is an additional incentive for Sany. Daimler can no longer sue for any of the EU member states for the same reasons.
At this point, Sany and Mercedes-Benz’s trademark battle in the United Kingdom has an authoritative judgment. Although the current objection review by the UK Trademark Office on the registration of Trinity trademarks has not yet been completed. But three believes the one hand, there is evidence the court concluded, Trinity registered trademark in the United Kingdom should be a natural success.
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