Declaration on Condemning the Infringement of Shenhua Club’s Name and Trademark Right
发布时间: 2013-06-25 来源: ShenhuaFc
The charity football game, 2013 Asian Dream Cup, was held on June 23rd, 2013 at 4pm in Shanghai Hongkou Football Stadium. Shanghai Shenhua Liansheng Football Club (hereinafter: Shenhua) was shocked to hear from public media that the related participant attended the game, the ticket of which has gone on sale to the public, with cloth and footwear that had Shenhua’s name and logo.
1. Our club has exclusive name and trademark right to use the name“Shenhua”.
As is well-known, “Shenhua Football Club” is included in our club’s name. Shenhua, registered to Shanghai Industrial and Commercial Bureau, is a football club with high reputation and wide popularity in Chinese football.
Trademarks such as Shenhua’s logo are registered to the State Trademark Bureau and Shenhua undoubtedly enjoys the trademark rights (including but not limited to exclusive right to use, prohibit and permit.)
Therefore, our club has exclusive name and trademark right to use trademarks such as the name of “Shenhua” and the logo.
2. Unauthorized use of “Shenhua” or similar words is an infringement of Shenhua’s name and trademark rights.
According to provisions such as Anti-unfair Competition Law and Provisions on the Registration of Enterprise Names, that unauthorized use of name or similar words, which leads to public misunderstanding, is an infringement of name right.
According to provisions such as Trademark Act, that unauthorized use of name or similar words on same or similar products is an infringement of trademark right.
3. Our club deems that:
Our club understands the passion for Shenhua from the related sponsor, organizers and participants. However, there was no communication or even notification before “Shenhua” was used. Our club deems any unauthorized act the violation of Shenhua’s right, the abuse of Shenhua’s reputation and the disrespect towards Shenhua’s staff and fans who have a real passion. Moreover, it is the trample to provisions such as Anti-unfair Competition Law and Provisions on the Registration of Enterprise Names. Our Club expresses firm opposition and strong condemnation to the infringement.
Shenhua Club hereby makes following serious declarations:
1. The related sponsor, organizers and participants shall make a public apology, the form, content and carrier of which shall be permitted by our Club before head.
2. The related sponsor, organizers and participants shall offer to communicate with our Club at a reasonable time. The negative effects and losses shall be appropriately dealt with through negotiation.
To safeguard our legitimate rights, our club has prepared to take legal action to ask the related department and staff to be held responsible if the infringement is not appropriately dealt with.
Shanghai Shenhua Liansheng Football Club
June 24th, 2013