Case Overview:

Fenbi Blue Sky Company is the exclusive rights holder of the "粉笔" (Fén Bǐ) trademark. It holds a significantly distinguished presence within the adult education and training sector. The defendant, Fenbi Top Company, operates in the same field as the plaintiff. The corporate name of Fenbi Top Company and its utilization of the "粉笔慧考" (Fén Bǐ Huì Kǎo - Fen Bi Exam Genius) trademark give rise concerns of infringing upon the plaintiff's trademark exclusive rights. CHISPO, representing the plaintiff, argued that the defendant's actions constituted both trademark infringement and unfair competition. The courts of first and second instance alike upheld CHISPO’s claims and ordered the defendant to compensate the plaintiff.

Legal Commentary:

The inherent distinctiveness of the "粉笔" (Fén Bǐ) trademark is relatively weak. To establish infringement for such types of trademarks, it is imperative to demonstrate malicious intent on the part of the defendant to enhance the probability of receiving a successful outcome.

In this case, CHISPO highlighted the defendant's malicious intent and the plaintiff's high reputation in the adult education and training industry. Given the similarity of business operations between the defendant and the plaintiff, it is evident that the defendant's use of "粉笔慧考" (Fén Bǐ Huì Kǎo – Fenbi Exam Genius) was intended to create confusion among consumers. Concurrently, the defendant has received a number of complaints on the internet, suggesting that its continued use of the "粉笔慧考" (Fén Bǐ Huì Kǎo - Fenbi Exam Genius) trademark could detrimentally impact the plaintiff's reputation. Ultimately, the court aligned with CHISPO’s arguments, awarded substantial compensation and ordered the cessation of the infringement.