Taijin Merlin Gerin Company V Shanghai Merlin Gerin Company Infringement

With the rapid development of market economy, the competitions betweenmarket subjects are intensifying, the conflicts between the enterprise name right,trademarks and enterprise name are inevitable. Besides, the disputes have occurredsince some operators violate others’ trademark rights and engage in unfaircompetition, in order to maximize their own interests. Schneider, Schneider China,tianjin merlin gerin company took Shanghai merlin gerin company to the court,because the registration of Shanghai merlin gerin company used the “merlin gerin”which violated their enterprise name right as well as the trademark.In the case of thetrial, both sides were controversial in the following three aspects:First, Whether Shanghai merlin gerin company registered to use the “merlingerin” as brand violated the name right of tianjin merlin gerin company, as well asconstituting an act of unfair competition;Second, whether the registration of “merlin gerin” for Shanghai merlin gerincompany had violate Schneider, schneider China and tianjin merlin gerin company’strademark right;Third, whether the trademark of “merlin gerin” should be maintained as awell-known trademark. With the evaluation of the case, there is no doubt thatShanghai merlin gerin company had violated the enterprise name right of tianjinmerlin gerin company, meanwhile, its behavior had constituted an act of unfaircompetition. But, Shanghai merlin gerin company had not constitute infringement ontrademark rights, besides, there was no necessary to maintain we ll-known trademark.Because the kind of dispute is novel, and full of difficulty, in addition to the lack oflaws and regulations, many problems occur during the judicial practice. The paper isbased on the practice, analyze the meanings and types of enter prise name conflicts aswell as the conflicts between trademark and corporate name briefly. It also explain thequalitative problem of the perpetrator under the disputes, in order to guide the judicialpractice.