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Mosquito killer lamps seller fined $294000 for using Huawei logo
Huawei is very active in protecting its rights of using the trademark and recently, a Chinese goods seller was caught selling mosquito killer lamps and earphones with Huawei Logo, afterward, it was fined 2 million ($294000) for trademark infringement.
China’s trademark office record shows Huawei Technologies Co., Ltd., and Shenzhen Zhiyuan Network Technology Co., Ltd. for unfair competition disputes.
Huawei believes that the products sold by Zhiyuan Company with the words “Huawei” infringed on its rights, and it should be liable for compensation.
Matter in core:
The documents made public by the Chinese patent office reveal that the plaintiff Huawei claimed that the names of the mosquito killer lamps and earphones sold by the defendant Zhiyuan Company in the online store were marked with the words “Huawei”, and prominently used the logo similar to the plaintiff’s trademark in the page picture, constituting trademark infringement.
The defendant also used words such as “official genuine Huawei general purpose” on some product pages to conduct false publicity, which constituted unfair competition. The defendant Tang, as a one-person shareholder of Zhiyuan Company, should bear joint and several liabilities.
The defendant Zhiyuan Company argued that the word “Huawei” did not appear in the title of the mosquito killer lamp product, and the plaintiff did not have any mosquito killer lamp products, so there was no possibility of confusing consumers by misidentifying the brand.
The model of the applicable phone marked on the title of the product is an industry practice, and there is no unfair competition. The defendant Tang argued that he was not the sole shareholder of Zhiyuan Company.
Meanwhile, the total sales volume of the 9 product links involved in the case exceeded 500,000 pieces, with a sales amount of more than 7.55 million yuan ($1.11 million).
The court decided that Zhiyuan Company copied and imitated the well-known trademark “Huawei” involved in the case on the sales page of mosquito killer lamps, which infringed the plaintiff’s right to exclusive use of the well-known trademark.
The prominent use of “Huawei” and other logos on the product pages and names of eight earphones violated the plaintiff’s right to exclusive use of registered trademarks. The aforementioned actions of Zhiyuan Company violated the principle of good faith and belonged to unlawful commercial publicity in a misleading manner and fair competition.
Hence court came to that defendant Zhiyuan Company when the alleged infringement occurred, could not clarify the company’s property and his personal property. In the end, the court ruled that Zhiyuan Company and Tang X (sole shareholder) should jointly compensate Huawei for economic losses of 2 million yuan ($294000) for using its copyrighted logo on mosquito killer.
ChatGPT is a raging storm on the internet and everyone is talking about this AI-powered instant reply software but Huawei says, it has long mastered such technology.
A person in charge of Huawei’s computing product section said that Huawei began to have a layout in the large model in 2020. In the following year, Huawei launched Pengcheng Pangu, which is a super-large model and the first of its kind in the industry.
This model can generate 100 billion levels of processes and can generate responses or understand Chinese natural language processing as well as speech recognition.
To be mentioned, Pangu NLP large model was the world’s largest Chinese language pre-training model with 100 billion parameters at that time. The sample tuning of the data improves the application performance of the model in the scenario.
Patent:
Recently, two patents have surfaced on China’s intellectual property office, which reveal Huawei’s use of AI in instant reply software. However, we can say that Huawei has already applied a lot of AI software to human conversation technology, which was way ahead of ChatGPT. But Huawei has not revealed any plans to implement such tech in Huawei devices.
ChatGPT:
ChatGPT was launched as a prototype on November 30, 2022, and quickly garnered attention for its detailed responses and articulate answers across many domains of knowledge. Its uneven factual accuracy, however, was identified as a significant drawback. Following the release of ChatGPT, OpenAI’s valuation was estimated at US$29 billion.
Read more here – Huawei patent new ChatGPT like reply software
After the events of the U.S. ban, Huawei had to reduce its capacity of building new smartphones, which result in low yield and sales, and now, Xiaomi claims that it took over 50 million of Huawei’s users.
During the Xiaomi Investment Day, Lu Weibing, President of Xiaomi Group said that Huawei has lost over 80 million smartphone users, of which, Xiaomi took over 50 million.
This is quite a big statement made by the head of the Chinese phone maker as Huawei was forced to leave the market due to the restrictions on manufacturing.
After not meeting the market requirements the share of Huawei’s smartphone market declined severely in both the Chinese and global markets. While other smartphone makers are the ones that got most of the benefits.
From the rest, Apple took over 20 million users and Honor grabbed 10 million, which accounts for an overall 80 million Huawei users.
According to the data revealed by Canalys, the global smartphone market ranked Samsung first and Apple second, which has increased by 22 percent and 19 percent respectively. While Xiaomi declined to 13 percent.
Aside from Apple and Samsung, other smartphone maker has declined. On this matter, Xiaomi’s president said that the decline in his firm is related to various reasons such as currency depreciation, chips from shortage to surplus, and intensified competition, the global mobile phone market will decline by 12% in 2022, of which the Chinese market will decline by 13%.
Why not?
It was an opportunity for all of the smartphone companies with an open opportunity to grab Huawei’s market share and it fell directly into their lap without doing anything.
(via – CNMO)
Turkey is underway a massive rescue operation and Huawei has raised a hand of help for the country to overcome the earthquake that has taken the lives of thousands of innocent people. During this time, Huawei has provided components, generators, and mobile base stations to help eliminate communication issues in earthquake-affected areas.
On Monday, Turkey is hit by a 7.8-magnitude earthquake, destroying homes and leaving thousands wounded and homeless. As of today, over 17000 people had died in Turkey, surpassing the record of the last decade in the country. This earthquake has now made its place in the most deadly disasters of the century surpassing the 2011 tsunami in Japan.
