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The case of Fimo international suing Weike e-cigarette for infringement of trademark rights will open on September 26


According to the enterprise investigation information, the trademark infringement case of FeiMo international against tongpei electronic cigarettes Weike, tongpei electronic cigarette factory magic carving and HENGFA food comprehensive store in Gaoqiao Town, Pudong New Area, Shanghai, which sells tongpei will be heard on September 26.

Philip Morris International

According to the exclusive report of blue hole, veex and its foundry magic carving, a domestic general distribution electronic cigarette, have recently been sued by the company of Philip Morris, an American tobacco giant (hereinafter referred to as Philip Morris), suing the two defendants for alleged infringement of trademark rights and alleged unfair competition.

At the same time, the defendant also included a food comprehensive store selling Weike e-cigarettes in Shanghai.

In short, Philip Morris sued Vico's manufacturers, brands and sellers for trademark infringement and unfair competition.

Philip Morris said that the defendant used veex similar to the registered trademark of Philip Morris VEEV series on the infringing goods such as electronic atomizer (cigarette rod) and electronic cigarette oil produced, sold and publicized by the defendant, and registered the veextech domain name for online publicity and promotion. The defendant 2 magic carving was entrusted by the defendant 1 to produce infringing products, and the food comprehensive store of the defendant 3 sold infringing goods, Violation of the relevant provisions of the trademark law constitutes trademark infringement.

At the same time, Philip Morris also said that veex used veex as a font name in the English enterprise name, which constituted unfair competition.

It is worth noting that Fimo also mentioned that it had sent a warning letter to Vico in September 2020. Vico expressed its willingness to pay fees to Fimo in a telephone communication to obtain Fimo's consent to Vico's registration and use of the veex logo, but Fimo refused. Then Vico replied that it refused to stop the infringement and continue to use it.

Philip Mo asked the three defendants to immediately stop the infringement and jointly compensate 3 million yuan of infringement compensation and 150000 yuan of reasonable expenses for rights protection.

The total amount of compensation and rights protection expenses is only 3.15 million yuan, which is definitely a small case for the three defendants. However, if the lawsuit request to immediately stop infringement is approved, Weike will no longer be able to use the veex trademark.

In addition, Fimo also said that the veex logo used by the three defendants was not approved for registration in category 34, but continued to play an important role in the packaging of infringing products and the decoration of offline stores ® Marking is the use of an unregistered trademark as a registered trademark, in violation of Article 52 of the trademark law.

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