Chapter 551: I've Never Been So Cool in My Life!
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The crowd cheered when they heard the news!
"Arowana wins!"
"Am I dreaming? Hit me, did the silver Arowana really win?"
"I hit it!"
Syllable!
"You're paralyzed!
"Damn! Compensation of more than 200 million? It's amazing, the old Zhang family is so big!"
"I also wonder if I'm dreaming! The old Zhang family is obviously in a weak position, but now they have won the lawsuit! What an incredible thing!"
"Do you want me to beat you too? Eh, don't hide, I won't fight, but then again, the lawsuit of the old Zhang family can definitely go down in history! This is a war between a conscientious enterprise and a black-hearted enterprise, and justice is at ease in the hearts of the people!"
"It's so exciting!"
"The old Zhang family is too mighty!"
The people who care about Zhang Wei's family are amazed!
On the other hand, the reporters were all stunned, one by one opened their mouths in disbelief, and they were in a groove, what about the good silver Arowana losing the lawsuit? What about the good news materials? The leader explained that he must wait for the silver Arowana to lose the lawsuit and interview Lao Zhang, what do you think?
At this time, I can only go up and interview the father and son of the old Zhang family, after all, the leader has explained.
"Mr. Zhang, how did you win?"
"Impossible! Isn't it conclusive? How can you win?!"
The reporters' tones were full of disbelief!
"This reporter, you are not right to say that. Zhang Wei said awe-inspiring to the reporter: "For an illegal enterprise like the Gary Group, our Arowana Group will never be arrested, we will take up the weapon of the law to defend our rights, now it is a society under the rule of law, and it is definitely not a certain enterprise that can reverse black and white and distort the facts!"
"Good!" the people applauded!
Hey, why is this so familiar?
I, Nima, actually mocked me with what I said?!
Guo Niannian was so angry that his hair almost stood on end!
At this moment, Zhang Wei and Zhang Aiguo had already left the crowd, and the reporters could only focus on Gary's Guo Niannian.
"May I ask Mr. Guo what he thinks about the Gary Group's defeat against the Silver Arowana Group this time?"
"Is the Gary Group a thief shouting to catch a thief?"
"Mr. Guo, will Gary Group give up the trademark of Arowana?"
The reporters asked rather subtlely, otherwise the questions would have been more acute.
But even so, Guo Daming was so angry that he couldn't speak, and he was supported by others and didn't answer at all.
Qin Fan, the country's top lawyer next to him, also had a depressed expression, "Mr. Guo is not feeling well, please let me go, let me go!"
In fact, Qin Fan, who lost this lawsuit, was extremely depressed, or rather, this is the most irrefutable time in his lawyer's career, he can obviously say this is not right in righteous words, but he can't say it, how can he say this kind of thing? Qin Fan knew in his heart that representing Gary from all sides was a must-win lawsuit, even if Gary was the defendant this time, because the time for the establishment of the Arowana brand was indeed longer than that of Arowana, even if his professional knowledge was not as good as that of the opposing lawyer Xu Xiangwen, it would never be possible to lose, not to mention that as the top business lawyer in the country, there was no reason to lose!
But on the contrary, Qin Fan was defeated, and he was so embarrassed that he almost suffered internal injuries!
That sentence was still choked in his throat, Qin Fan couldn't wait to shout it, not only did he want to shout it now, but he actually wanted to shout it in the debate just now!
……
an hour ago.
The noon adjournment ends and the court reconvenes.
The clerk said: "The adjournment is over, and the trademark case of Arowana v. Gary is reopened. ”
Zhang Wei sat in the auditorium, watching his father and Xu Xiangwen sit in the plaintiff's seat, while Guo Niannian and Gary's lawyer Qin Feng sat in the defendant's seat.
The clerk announced a series of rules that led to the admission of the judges and the presiding judge.
The trial continues.
Qin Feng was out of the limelight in the morning trial, saying that Xu Xiangwen was silent and protested one after another, he smiled brightly, is there a qualitative gap between the top in the country and the gold medal in the magic capital, what is the top in the country? It is one in a hundred million, and the gold medal in the magic capital is at best one in a million, can it be compared?
However, after the presiding judge here finished asking questions and entered the defense link again, the situation changed abruptly!
Qin Feng was as imposing as in the morning, and said: "I want to ask the plaintiff, is the registration time of the Yellow Dragon Fish trademark in 1991? Of course, it doesn't matter if you answer no, because we have a trademark certificate here to prove the registration time, so what about the Silver Dragon Fish?" As far as I know, the registration time of Arowana is 1994, which will also be recorded in the Arowana trademark certificate, China's trademark law in Article 7 of the first paragraph clearly stipulates that the application for registration and use of trademarks, should follow the principle of good faith, Article 8 clearly stipulates that any natural person, legal person or other organization of goods and other people's goods distinguish the signs, including words, graphics, letters, numbers, three-dimensional signs, Color combinations and sounds, as well as combinations of the above elements, can be applied for registration as trademarks, but it is clear that the silver Arowana trademark does not meet this article, because in addition to the color is different from the yellow Arowana, the similarity has reached an astonishing 85%!"
Zhang Wei sat down and laughed, these are all estimated, and then Xu Xiangwen should fight back according to the agreement he discussed.
Sure enough, Xu Xiangwen, who had been protesting and being silent, suddenly opened his voice, straightened his waist, and asked, "Defense lawyer, is there anything else?"
Belch......
What kind of lawyer are you?
A female judge was almost amused by Xu Xiangwen, but in line with the seriousness of the court, she still tightened her face.
Qin Feng was also a little confused, the evidence that could be said was basically said, and now he actually asked if there was anything else? Isn't all the evidence taken out? What about the gold medal lawyer in the magic capital, it's at this level!
That's fine!
If you can win the lawsuit, you can do it!
Qin Feng felt relaxed, this lawsuit was 100% won, and he didn't see that the opposing lawyer had nothing to say, he continued: "The evidence that my client can present in court has been shown to the presiding judge and the judge, and there is nothing else to say, if the other party's entrusted agent has nothing to say, please pronounce the verdict." ”
The presiding judge and the judge deliberated for a while.
The presiding judge looked at the plaintiff's bench, "Does the plaintiff's legal representative have any evidence to submit?"
Zhang Wei is at ease, waiting for this time!
Xu Xiangwen nodded and said: "I have a piece of evidence here, which is about the international trademark of Silver Arowana, which was registered in 1990. ”
Qin Feng immediately said: "Protest, international trademarks and domestic trademarks cannot be confused, as we all know, trademarks are territorial, how can they be confused?"
The presiding judge said: "The protest is effective. ”
Xu Xiangwen said unhurriedly: "Presiding judge, my international trademark registration address is Xiangjiang, so I think it should be presented to the presiding judge and judges." ”
Hong kong?
Fuck your sister!
Won't you be allowed to present it?
Presiding Judge and Judges: "......"
Seeing this expression, the corners of Zhang Wei's mouth curled slightly.
"Bring it up. The presiding judge said.
Xu Xiangwen submitted the evidence and said eloquently: "The registration place of this international trademark is Xiangjiang, and it has been registered in 1990, according to the ten-year limit stipulated in the Trademark Law, which means that this trademark still has legal effect, and although the registration time in our mainland is 1994, it does not represent the real registration time!"
Qin Feng felt a little ridiculous, Xiangjiang hadn't returned in 1994, okay?
Wait!
If so, how should it be defended?
Some words don't seem to be easy to say, Qin Feng's face changed after reacting!
The presiding judge and the judges examined the trademark certificate and whispered to each other.
Qin Feng frowned and said: "I insist that international trademarks and domestic trademarks are territorial, so they cannot be used as evidence, otherwise it will be unfair to our parties!"
How could there be such evidence? If the presiding judge and the adjudicators determine that they are valid, it will be troublesome! Qin Feng peeked at the faces of the presiding judge and the adjudicators a few times, and said hurriedly: "The Trademark Law stipulates that trademark registration and protection are territorial, and they are protected by law in which country they are registered, and they are not protected by law in China!"
At this time, he had already seen that this lawsuit was not easy to fight, and he could only use professional knowledge to save the situation!
Zhang Wei shook his head below, which he had already talked about when he talked to Xu Xiangwen.
Xu Xiangwen's tone was very light, and he looked towards Qin Feng, "Maybe the defense attorney forgot one thing, foreign registered trademarks can be used in China without showing any certificates, and the Trademark Office needs to strictly verify whether the registered trademark already exists as an international trademark before issuing a trademark certificate." ”
And this statement?
Unlikely, right? Not really, right?
Guo Niannian didn't understand it very well, and looked at Qin Feng and hoped that it was not true, but after looking at it, he was shocked!
Because Qin Feng was already sweating densely on his forehead, he kept flipping through the scrolls, as if hoping to find something useful, but after flipping through one volume after another, he still couldn't find an explanation!
Zhang Wei closed his eyes slightly, basically no surprise.
Xu Xiangwen's angry voice came from his ears, and Zhang Wei silently recited in his heart, "As we all know, Xiangjiang is an inseparable part of my sacred China, and the trademark owned by my agent has been registered in Xiangjiang in 1990, and the yellow dragon fish trademark of Gary Fang was registered in 1991, which has obviously violated the Trademark Law, and the General Principles of the Civil Law and the Anti-Unfair Competition Law are based on the principle of good faith, and the reputation of the business name of other people's trademarkers shall not be used for unfair competition, and Gary has violated these!" He glared angrily at Qin Feng, "You say, Xiangjiang is not an inseparable part of my Chinese sacredness!"
Qin Feng: "I...... I ......"
Xu Xiangwen was full of momentum, "Please ask the defense lawyer to answer my question!"
Qin Feng wanted to cry without tears, "I protest!
The presiding judge looked at both sides, and after a long silence, he said: "The protest is invalid! The defendant, please answer the plaintiff's question!"
Qin Feng's face turned blue!
Zhang Wei laughed, listening to Xu Xiangwen still asking, his tone was aggravated: "Defense lawyer?"
Qin Feng gritted his teeth and said, "Yes!"
Xu Xiangwen raised the file in his hand, "Since Xiangjiang is a sacred and inseparable part of our country, is this international trademark protected by our law?
Qin Feng has to scold, "Yes......"
Xu Xiangwen regained his composure and said: "Since this is the case, then according to the "Trademark Law", "General Principles of Civil Law" and "Anti-Unfair Competition Law", Gary should compensate us for the huge losses we have suffered over the years!"
The presiding judge looked at the plaintiff.
Several of the judges also looked at each other.
The rest of the court staff and the few people in the auditorium were all stupid!
If we can find a way to deal with the previous questions, how can we answer whether this Xiangjiang is an inseparable part of China's sacredness?
Since it is a sacred and inseparable part of our country, should it not be protected by the laws of our country? Who dares to say that it is not! Especially now that Xiangjiang has just returned, who dares to stand up and say no at this sensitive time!
it!
The plot has changed dramatically!
Where the hell did you find evidence for this silver Arowana!
Zhang Wei opened his eyes, and now it was time to ask for compensation.
Xu Xiangwen took a deep breath and said: "Please rule that Gary violated the legitimate rights and interests of our party and caused a bad impact, and the compensation amount is 350 million RMB, and from now on, the Arowana trademark will no longer be used, and a public apology is required, and the court is requested to support our litigation request!"
Qin Feng stared at it aggrievedly, he only needed to say one sentence not to guarantee that he would win the lawsuit, but what the didn't he say? Do you want to stay in China in the future? Do you want to be a lawyer?
The presiding judge said: "Does the defense still need to plead?"
Qin Feng is about to vomit blood, damn it, now he is still defending like this, he knows that the old Zhang family wants him to defend now, and now there is only one way to defend himself, this road is known to everyone who is present how to go, but he can't go, the biggest grievance is that he can win as long as he says a word, but he can't say this word to death!
Qin Feng's heart is cool and cool!
It's too bad!
How could Xu Xiangwen, the grandson, come up with such a defense?
He didn't know that Zhang Wei came up with it, and he kept scolding in his heart, grandson, it's so grandson!
Contrary to his mood, Xu Xiangwen's heart was full of admiration, and when he first heard Zhang Wei tell him about this case, Xu Xiangwen didn't believe that he could win, isn't this nonsense? The evidence is conclusive, how can he win? What's more, he has already learned that the opposing lawyer is Qin Feng, one of the top business lawyers in the country, and he has never lost a lawsuit for more than ten years!
But now he really won this undefeated myth?
Mr. Xiao Zhang's trick is too clever, even Qin Feng has lost in his own hands!
Xu Xiangwen Shuang's pores all over his body were opened, it was really cool, Mr. Xiao Zhang only said a paragraph, and he repeated it himself, and he swallowed the mountains and rivers angrily today, and asked the undefeated myth Qin Feng with his eyes open, I have never been so cool in my life! )