Mona Lisa Well-known Trademark Infringement Analysis Of Dispute Case

Because of its high reputation,well-known trademarks have stronger protection than ordinary registered trademarks.When operators register world-famous works of art as trademarks and develop them into well-known trademarks,more conflicts will arise.The case of "Mona Lisa" famous trademark infringement is a typical case in this field.The core points of controversy in this case mainly revolve around three aspects:whether the defendant used the infringement mark,whether the defendant used the Mona Lisa related mark violated the plaintiff’s registered trademark exclusive right,and whether the defendant’s enterprise name violated the trademark exclusive right of "Mona Lisa".In relation to the relationship between the defendant and the parent company,the use of markings by the parent company should be regarded as knowing,but knowing does not amount to malicious acts and does not constitute the use of the defendant’s infringing markings without constituting a trademark use.It should follow three steps to clarify the boundary between the trademark exclusive right legally registered before and the cross-class protection of well-known trademarks after.First,clear the scope of registered trademark exclusive rights;second,clear the scope of cross-class protection of well-known trademarks;third,the scope of rights of the two is compared and the final conclusion is drawn.When the defendant’s corporate name has a legal basis for rights,does not have subjective malicious,and does not cause confusion,its corporate name does not violate the "Mona Lisa" trademark exclusive rights.Whether the defendant has subjective malicious,cannot be rigidly take the time sequence of enterprise code as the only standard,should consider the well-known trademark actual investment time and the time to obtain visibility.The scope of registered trademarks should be dynamically understood in line with actual business needs.The cross-class protection of well-known trademarks should also be subject to corresponding restrictions,and it cannot be unlimitedly extended to the legitimate rights of the trademark owner registered in advance.