Shanghai Intellectual Property Court recently reached a second-instance judgment on the trademark infringement and false advertisement against Baidu Company, rejected the appeal request of Woxi Company and upheld the first-instance judgment. 

Baidu Company enjoys exclusive rights to several registered trademarks such as "Xiaodu ", "Xiaodu Robot" and "Xiaodu Home". In 2019, when Woxi Company sold the products "AnysayX3 Voice Intelligent Control Robot" on its WeChat platform and its commercial website, it used words such as "Xiaodu" and "Xiaodu Robot" as slogans and product introductions for publicity, and used logos such as "Anysay Wit Xiaodu", "Anysay Xiaodu" and "Anysay Understands Your Xiaodu". Defendant Yalan Company sells the voice intelligent control robot products of Woxi Company on the WeChat applet platform "Xiaodu AI Smart Home" operated by Yalan Company. At the same time, the two defendants claimed to be "the world's first Baidu voice intelligent control robot", "super brain robot" and "founder of Xiaodu robot" in product advertisements. Therefore, Baidu Company sued Woxi Company and Yalan Company to Shanghai Pudong Court, claiming that the two companies infringed its trademark rights and constituted false advertisement. 

After hearing the case, the Court of First Instance held that: from the comprehensive analysis over the functions and uses of the products, as well as the sales targets and channels of products, and the popularity of "Xiaodu" trademarks, the accused infringing goods and the multiple types of goods approved for usage with the trademarks involved all constitute similar goods. Woxi Company uses the same or similar logo as Baidu Company's trademark in the publicity of similar products, while Yalan Company sells the products produced by Woxi Company, and uses the same or similar logo as Baidu Company's trademark in publicity, all of which constitute infringement over Baidu Company's exclusive right to use registered trademarks. 

The court of first instance ordered Woxi Company and Yalan Company to immediately stop trademark infringement and unfair competition; Woxi Company shall compensate Baidu Company for economic losses of 3.5 million yuan, and Yalan Company was jointly and severally liable for 2,000 yuan; Woxi Company and Yalan Company shall compensate Baidu Company for economic losses caused by false advertisement, totalling 100,000 yuan and 10,000 yuan respectively; Woxi Company and Yalan Company shall compensated Baidu Company for reasonable expenses,totalling 120,000 yuan and 20,000 yuan respectively; Woxi Company shall publishe a statement on its WeChat platform for ten consecutive days, and Yalan Company shall publishe a statement on its WeChat applet for ten consecutive days to eliminate the adverse effects of trademark infringement and false advertisement on Baidu Company. 

Woxi Company refused to accept the first-instance judgment and appealed to Shanghai Intellectual Property Court. Finally, Shanghai Intellectual Property Court rejected the appeal according to law and upheld the original judgment.