BMW company has registered in twelfth types of vehicles and other goods on the "BMW in Chinese",""," BMW "trademark and in twenty-fifth kinds of apparel goods""Trademark. Century Baochi company production and sales of annotation"", and" FENGBAOMAFENG"," Feng Feng FENGBAOMAFENG and BMW"Logo apparel products, and on its Web site and store significant label" FENGBAOMAFENG and figure "logo, in the clothing label, website, brochures etc. using" Germany century BMW group Limited by Share Ltd "enterprise name. BMW company for trademark infringement and unfair competition grounds to the Beijing second intermediate people's court, request any century Baochi company to stop tort, and compensation for economic losses of 2000000 yuan.

       (two) the results

       Beijing Higher People's Court of second instance, the alleged infringing logo century Baochi company in the clothing and promote the production of the use of registered trademarks and BMW's similar, violated the trademark rights of BMW company; the use of "Germany century BMW group Limited by Share Ltd" the name of the enterprise in the clothing label, violates honest credit and the generally recognized business ethics, to seek illegal interests by BMW company reputation, constitute unfair competition. BMW company to submit evidence to prove the century Baochi infringement subjective malicious infringement obviously, long time, Fan Weiguang, a huge profit, far more than 2000000 yuan, infringement plot is extremely serious, coupled with BMW's trademark involved with high visibility, the BMW company to stop the infringing acts also paid a reasonable fee. The full realization of human rights protection for the legitimate rights and interests, tort costs increase, reduce the cost of rights, give full support to the BMW company claims about damage compensation. Accordingly, sentence the defendant to stop infringement, elimination of influence, compensation for economic losses of 2000000 yuan. At the same time, in view of the century Baochi company malicious tort civil sanctions, imposed a fine of 100000 yuan, and the issue of judicial suggestions to the State Administration for Industry and commerce, suggest the comprehensive investigation on tort. In early 2013, the State Administration for Industry and Commerce issued a special notice, request the Department of industry and commerce throughout the investigation and handling of suspected to infringe the exclusive right of BMW Ag related registered trademarks, around the trade and Industry Bureau immediately to the infringing on BMW stock company trademark right near the famous counterfeit activities conducted a comprehensive investigation and treatment.

       (three) the typical significance

       The case is a typical example of a people's court according to law to increase the punishment of malicious tort. First of all, in determining the amount of compensation, in the existing evidence that the infringer infringement profits far beyond the provisions of the Trademark Law of the 500000 legal compensation cap and the right people claim case, taking into account the infringer belongs to the organization of large-scale infringement, subjective malicious infringement obviously, time is long, wide range, a huge profit. Factors, the court of second instance does not take the legal compensation way to determine the amount of damages, but according to the specific situation of the case by the amount of compensation for the discretionary discretion right, full support for the rights of the people. Secondly, to increase the cost of infringement, the infringement of organized, large-scale malicious infringement of the actual situation, in the administrative organ fails to administrative penalty case, continue to increase the intensity of punishment of the spirit, the court of second instance shall take civil sanctions against the infringer. Finally, the court based in the case found in the rest of the untreated tort, issued a judicial suggestions to the relevant departments, puts forward corresponding treatment plan, the Department of industry and commerce according to the judicial suggestions positive action, effectively combat malicious tort, and achieved good social effects. The case shows that the China court equal protection of foreign intellectual property rights of the legitimate rights and interests, maintain a fair and orderly market economy order, strengthen the protection of intellectual property rights of the decisions and actions.