台联良子诉兴元良子侵犯注册商标专用权纠纷案评析

An Analysis of the Case Tailian Liangzi v.Xingyuan Liangzi,a Case of Dispute Arising from Infringement of Exclusive Right to Use Registered Trademark

本案系一件以商标权对抗企业名称权的典型案例。目前国内不少足底保健服务企业的名称中都包含"良子"二字,仅在北京市,以"××良子"命名的足底保健服务企业就多达40余家。本案原告作为"良子"注册商标的所有人,已将北京市10余家以"良子"冠名的企业告上法庭,本案是已经一审结案的其中一件。

The present case is a typical case in which the trademark right conflict with the enterprise name right.The two Chinese character 'Liangzi' is used as a part of the names of many enterprises devoted to sole health service in China,and more than 40 enterprises use it as a part of their names in Beijing alone.As the owner of the registered trademark'Liangzi',the plaintiff in the present case has sued over 10 Beijing-based enterprises that use 'Liangzi' as a part of their names,and the present case is one of the cases the first-instance hearing of which has been closed.