Recently，To showcase the innovative achievements of judicial protection of intellectual property bet365 live casino and sports bettingrights in our courts，Improving my country’s intellectual property judicial protection system，Shanghai Intellectual Property Research Institute held the event"Selection of China's Top Ten Intellectual Property Judgment Cases with the Most Research Value in 2020"。After social recommendation、Expert nomination、Public voting and expert review，FinalizedChina’s top ten intellectual property adjudication cases with the most research value in 2020。

Among them, undergraduate from the Law School1996Grade bet365 casino blackjack、Ji Xiaoxin, the president of the Intellectual Property Court of Qingdao Intermediate People’s Court, serves as the presiding judge of the first-instance collegial panel，Bachelor of Law School1996Grade bet365 casino blackjack、Liu Xiaohua, the president of the Third Civil Trial Division of the Shandong Provincial Higher People’s Court, serves as the presiding judge of the second-instance collegial panel"Heineken stopped implementing the accused design case"，Selected as one of China’s top ten intellectual property adjudication cases with the most research value in 2020。

Text/Yang Xiaochao

Review/Man Hongjie

Case brief:

Plaintiff Heineken Brewery Co., Ltd. owns goods such as beer“Heineken” and “Heineken” word trademarks and word and graphic combination trademarks。Zhang Zengjian and other defendants registered Bet365 app downloadthe trademark "Hainaken"，And use "XILI", "xili", "HEINEKEN", "HAINEKEN", "Hainiken", "HAINIKEN", "Heineken", "Heineken Beer" and other logos on beer products。The defendant will also use a pattern similar to the plaintiff’s trademark、The name bet365 casino blackjack infringing company is applied for as a design patent in beer packaging cans、On the packaging box，For production and operation。In addition to claiming to stop trademark infringement、Stop using the Heineken font size、Compensation for losses、Except civil liability for elimination of impact，At the same time, a lawsuit request was made to prohibit the defendant from implementing its design patent。The key points bet365 casino blackjack judgment in this case are，For the design patent obtained by the defendant，When the patent right is valid，Can I ask the court to order the defendant to prohibit the defendant from exploiting the patent in a civil infringement case。In this case，The plaintiff requests that the defendant shall not implement the litigation request for infringement bet365 casino blackjack plaintiff’s trademark rights and design patent rights，The court held that，The outer packaging bet365 casino blackjack defendant’s products is very similar to the design，And the design uses a logo similar to bet365 best casino gamesthe plaintiff’s trademark，If its use is not prohibited, the plaintiff’s legal rights will be damaged，The defendant was ordered not to exploit the design patent from the effective date bet365 casino blackjack judgment。February 20, 2021，Shandong Provincial Higher People’s Court made a second-instance judgment and upheld the first-instance judgment。