1、 Tesla Beer trademark infringement incident

In August 2023, Tesla filed a trademark infringement lawsuit against Zhongyin Food Co., Ltd., which produces and sells alcoholic beverages with the word "Tesla" to mislead consumers. In the first instance, Zhongyin Food Co., Ltd. was ordered to cease infringement, compensate 5 million yuan, and publicly declare the elimination of the impact. The second instance upheld the original verdict. The article further explores the definition of trademarks, infringement behavior, and legal consequences.

2、 What is a trademark?

The Trademark Law defines a trademark as a mark that can distinguish goods or services, including text, graphics, sound, etc. The registration of a trademark requires an application to the National Trademark Office, and after registration, it enjoys exclusive rights, prohibition rights, transfer rights, etc. Voice trademarks such as MGM's "Lion Roar" and Tencent QQ's prompt sound have been successfully registered.

3、 Famous Trademark - "Mingjiao" in Trademark

A well-known trademark is a trademark that is well-known to the public and enjoys cross class protection. According to the Trademark Law, if a well-known trademark's registration application on different or dissimilar goods misleads the public and may harm the interests of the registrant, it will not be registered and its use will be prohibited. Ordinary trademarks are only protected within the approved field, while well-known trademarks can be protected across categories. For example, if the "Okay" trademark is well-known in the food industry, even using similar trademarks in the building materials field would constitute infringement. The Tesla trademark has been recognized as a well-known trademark due to its high popularity, and other entities cannot register or use similar trademarks in various fields without permission.

4、 The act of counterfeiting trademarks and its legal consequences

Seven situations of trademark infringement were elaborated in detail, including unauthorized use of identical or similar trademarks, sale of infringing goods, forgery of trademark logos, etc., and the possible legal consequences of infringement were pointed out. Trademark owners can file lawsuits or request the administrative department for industry and commerce to handle infringement issues, and infringers may face administrative penalties such as fines. If the infringement is serious and may constitute a crime, criminal responsibility shall be borne.

5、 Conclusion

Trademarks are crucial for rights holders, and some businesses obtain illegal benefits by imitating excellent trademarks, which damages the rights and interests of consumers and trademark owners. Excellent brands need to operate with integrity, and consumers should learn about trademark laws, respect intellectual property rights, and safeguard their legitimate rights and interests.