Local well-known bookstore, Eslite wins trademark infringement lawsuit against Champion Moving Company and receives monetary award
E210115Y2 | Feb. 2021（E255）
For the trademark infringement lawsuit initiated by Eslite Corporation (hereinafter “Eslite”) against Champion Moving Company (including another company whose Chinese company name is誠品優質包裝有限公司; hereinafter collectively referred to as “Champion”) and its responsible person, the IP Court in the second instance proceedings reversed the first instance judgment by ruling that Champion should be enjoined from using any mark identical or similar to Eslite’s registered two Chinese characters mark “誠品”, “誠品eslite”, and “誠品物流” (literally meaning “Eslite logistics” in Chinese) (hereinafter collectively referred to as the “Eslite marks”) for the services categorized in Class 8, Class 35, and Class 39. Also, the IP Court ordered that Champion should change its company name, remove or destroy all signboards, business cards, advertisements, web pages, and any other marketing items carrying or containing the mark identical or similar to Eslite marks and should pay TWD3 million in damages to Eslite. The IP Court’s first instance judgment should be vacated accordingly.
As elaborated in the judgment, Champion used the two Chinese characters, “誠品” alone on the truck for moving business, on the cardboard boxes for transportation, and on employee uniform. It is self-explanatory that Champion used the two Chinese characters, “誠品” as a trademark for designating the source of its products and services. Eslite, however, has registered the two Chinese characters, “誠品” as a trademark since 1989 (filing date on March 4, 1999) with one of its registration numbers, No. 143088 for use on the designated service of packaging for product transportation under Class 39. In this regard, Champion’s use of the mark identical to the two Chinese characters mark “誠品” (the earlier trademark) for business that is identical or highly similar to that of Eslite, obviously leads to violation of the Taiwan Trademark Act.
Besides, the two Chinese characters mark, “誠品” had already been a well-known and multi-class trademark familiar to consumers before Champion’s establishment. Fully aware of the two Chinese characters mark “誠品” being a famous trademark owned by Eslite, Champion still used “誠品” as company name and therefore led to a likelihood of consumers’ confusion and impaired Eslite’s business reputation. (Released 2021.01.15)