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August 6,Japan Engine Corp. and the Tianjin Port Group and its affiliated companies Tian Tianjin Higher People's Court also received a third of the judgment mail :Tian by the defendant against the plaintiff Yamaha Tianjin Port has a different trademark violations.sentenced to a total of 900,000 yuan compensation for the damage.stop production and sales with YAMAHA (Yamaha), marking the motorcycle,and is due to publish a statement of apology, "Motorcycle" magazine.Thus,A Japanese motorcycle manufacturers has caused widespread concern v. intellectual property rights infringement case to the first-instance ruling Chinese enterprises Japanese enterprises have won this stage.Yamaha sued way formidable hunter of Chinese enterprises in July 2000, Yamaha Corporation to Tianjin,Jiangsu and Zhejiang submitted to the relevant government departments in charge of unauthorized use of Tianjin port Tin "Yamaha" logo motorcycle production and marketing of the evidence.Tian punished by the Administration of Industry and Commerce in Tianjin Port,Yamaha that such administrative punishment is not enough to prevent other companies to manufacture and sell fake Yamaha products.So in May this year, further to file a civil claim for 30 million yuan compensation.Tianjin Port fields "pretending" failing to pay huge "fares" in accordance with the decision by the facts.Tianjin Port field since 1999,In its sales, "Hong Kong Tin card," GT125 series marked by motorcycle engines,authorization to affix "LINHAI-YAMAHA" (go-Yamaha) metal tag.Yamaha used in the body and the fuel tank impersonation has been registered in the "FORTUNE" and "VISION" trademark.In addition,Tianjin Port GT50T-A motorcycle around in their own fields were pasted "engine licensed by Secret" (Note :Italy authorized Yamaha engine) words, and in particular the intention amplification showed that the "Secret" added,trying to domestic consumers are not familiar with English or negligently mislead consumers that the product associated with Yamaha.It is understood thatAlthough the amount of compensation and 900,000 yuan Yamaha falls far short of the requested 30 million yuan.But his domestic judgments related to intellectual property litigation in which the largest amount of compensation.Hearing for the case of high opinion of the President.In the course of the case was the most difficult and controversial encounter is how to define specific violations.Manufacturers generally allow international publicity brochures, or to the products described in a form that is a component of other brands.In this case, the defendant is also specify the engine used in Yamaha engines.But there is a separate "Secret" smart consumers are familiar with the trademark logos to three times larger than that of other lowercase letters,the result of deliberately misleading consumers.According to the court decided that it is unreasonable for others to use the trademark infringement.Gao said the President, like the practice field Tianjin Port in the market is not uncommon.But the definition of infringement in judicial practice still rare.This involves the protection of well-known trademarks and judicial criteria for the issue, and it is also very controversial in the international arena.He analyzed the situation and the administration of justice successful foreign companies in China, Japan, Yamaha is not the first case.The reason why this case is so concerned about the foreign media.After China's accession to the WTO could also be observed on trademark protection standards of justice.
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