Because the claim amount is relatively high and the litigation costs are also high, the district court has completed the formalities of filing the case, exchanging evidence, arranging court hearings, and so on.

In addition, although Feng Jianxiong has not yet obtained a license, he is a blog "big V scholar" with more than 500,000 followers, and he also has a slight reputation in the field of relevant law revision. What's more, his customers this time are also quite big-name, and they are quite well-known enterprises in China.

All in all, within a week, he was waiting for the official opening of the trial.

That's rocket speed.

Deng Changchun, on his side, was repeatedly persuaded by Li Yifeng, and also gave up a lot of unrealistic ideas, and only focused on the pursuit of trying to prove that "before Qiangui's L godmother had the current reputation in this province, my company's products have been sold in many places and have contributed to the construction of the brand".

To summarize in French, it is to admit the point of "L godmother is well-known", in exchange for "the largest possible range of prior use".

Just like the lawyer in the 70-yard case, no matter how high the level is, it is impossible to open his eyes and say nonsense to directly defend his innocence. It is already the skill and value of a lawyer to be able to limit the crime to "traffic accidents" instead of "endangering public safety by dangerous means".

……

September 22, YH District Court, Second Civil Division.

The weather was still relatively hot, and the little suit couldn't be worn, so Shi Nicole wore a plain dress and followed Feng Jianxiong to court together.

In the past six months, Shi Nicole has been in court twenty or thirty times, and more of them have admitted defeat and settled out of court without even holding the trial.

However, because it was either a lawsuit that was guaranteed to be won, or it was self-directed and self-acted, Shi Nicole was still quite inexperienced and coping with the hard-headed case that the defendant resisted with real knives and guns, at best, it was similar to a rookie lawyer who had just completed a two-year internship outside.

But it's already hard to come by. After all, she is only a little girl under the age of 20.

"All stand up!"

The clerk shouts the procedure like a master of ceremonies, invites the presiding judge to enter the courtroom, and then the presiding judge announces the official opening of the courtroom.

Then, the presiding judge first informed him of the procedural rights of the anti-dumping and anti-dumping parties, and confirmed the identities and litigation qualifications of the prosecution and defense.

Finally, he asked officially: "Do the plaintiff and the defendant have any applications for recusal of the adjudicators and clerks in this case?"

"Nope. ”

"Neither do we. ”

Obviously, there is no problem with the relationship in this case, so this kind of questioning is just a formality, and neither party applies for recusal.

"Okay, let's move on to the first part of this case - the determination of the validity and popularity of the trademarks of both parties......"

The process of the trial is lengthy, and every detail has to be asked.

For example, it depends on when the trademarks of both parties are registered, what is the validity period, what is the scope of application, and what is the actual use in the market......

Every point, if there is no objection from both sides, then read it again and go directly. It is a "fact admitted by the other party, and no evidence is required".

If one of the parties disagrees with the presumptive conclusion, then an objection is filed, in which case both parties are required to present evidence and then cross-examine. If it is a witness testimony, it is a cross-examination of a witness.

However, witness testimony is more common in criminal cases. Most civil lawsuits require testimony in cases with a strong personal nature, such as marriage, inheritance, and personal injury torts. Witnesses are rarely required in commercial litigation.

In addition, domestic witnesses generally do not like to appear in court – or are too busy with work to delay their own affairs. Or they are afraid of speaking in court and being retaliated against afterwards.

Even if testimony is produced, most of the time it is for the party presenting the evidence to take a videotape and take it to the court for playing.

Therefore, many lawyers in China, who have handled civil litigation for more than ten years, may not be able to seize an opportunity to cross-examine witnesses in person and look for loopholes. The skill of cross-examining witnesses has long since degraded to the state of Java.

In good conscience, Feng Jianxiong's cross-examination skills are also relatively painstaking, because he cannot escape the fate of a Chinese lawyer. In his last life as a lawyer for more than ten years, there were few opportunities for cross-examination. But no matter how you say it, it's better than Li Yifeng.

Signal: Today's case does not require any witnesses as usual, but it saves both sides trouble.

After debating the issues one by one, the validity and popularity of the trademark reached a consensus between the two parties, and the final focus quickly gathered on the core "scope and validity of prior use".

……

"I now adjourn the session for a 2 p.m. session. ”

After the presiding judge confirmed the leftovers, he struck the gavel and announced the adjournment, and then prepared to go to lunch.

It may surprise a judge who is not familiar with legal practice to confirm that there are no major differences one by one can take an entire morning.

It can be seen that how lengthy the real litigation procedure is, it is far from the illusion of "adjourning the court once after saying a few words" as in the legal drama.

TV series, just fast-forward those "manual work" that has no contradictions.

But in reality, it is absolutely impossible and dare not fast forward.

If any point is directly taken for granted without asking the opinions of both parties, then both the clerk and the judge will be held responsible.

If, after the trial of the case is completed in the future, one of the parties is dissatisfied with the judgment and wants to appeal in the future (not to mention that most cases are to be appealed except for those that are ironclad), as long as the sentence "XXX relevant facts have not been confirmed by both parties in the first-instance trial procedure" in the appellate brief, then the court of second instance will inevitably rule that "the facts of the first instance are unclear and the evidence is insufficient, and the case will be remanded for a new trial".

The performance of the judge of the first instance is waiting to be deducted.

Several times a year, "the facts are unclear and the evidence is insufficient", and the career will come to an end.

Therefore, when the presiding judge announced the adjournment of the court and the retrial in the afternoon, he himself could still immediately pat his ass and leave to go to the cafeteria (in fact, it was not in accordance with the regulations), while the clerk and the representatives of both parties (including the parties if they appeared in court) had to continue to endure hunger and hunger for a while.

After the clerk has typed out all the opinions of the three parties in the morning trial and signed them, the clerk will let the person go - every sentence of the courtroom involved in the case is recorded on it.

In the future, when appealing, if you want to use the argument that "the relevant facts of XXX have not been confirmed by both parties in the first-instance trial procedure" to falsely the court of first instance, whether the court can be successful depends on the trial record in which the clerk asked both parties to sign and draw the charge.

Therefore, the clerk, who is poor and fights on the street, is always the last person to eat in the court.

Feng Jianxiong and Shi Nicole also casually had some food outside, recuperated for a lunch break, and continued to come back for court at 2 o'clock in the afternoon.

"Looking at the appearance of the other party, that lawyer Li obviously gave up peripheral resistance, and was ready to concentrate on emphasizing that 'before the defendant knew about our trademark, it had been used in good faith', this is a way to keep the right to continue to use......, right?

Feng Jianxiong complained inadequately: "No matter how full it is, what about it? Don't you know what preparations I have made, what is there to worry about?"

Shi Nicole was right when she thought about it, and she was relieved.

She is not the heroine of the morning drama with the halo of the mentally handicapped. She knew exactly what preparations Feng Jianxiong had made before appearing in court, so even if she was worried, she couldn't worry about anything.

Only the silly Bai Tian in the Japanese drama Li Gouhi would even be so surprised that his jaw dropped when he saw his colleague's performance in court - this is purely a dramatic need, in order to highlight the abruptness of the protagonist's ability to pretend to be forced to slap his face, he forcibly opened the halo of retardation.

Without further ado, 2 o'clock is just around the corner.

Li Yifeng, who had been guarding all morning, finally began to fire in full force:

"Since about six years ago, that is, at the beginning of 2001, our client has used all three of the disputed trademarks, including 'seafood gan mother', in most areas of the province.

This is the sales invoice stub of our client since 2001, and there are 3~10 pieces of face information every year that are enough to show that the name of the product sold contains the words of the above-mentioned trademark.

As we all know, in 2001, the plaintiff's trademark 'Qiangui L Gan Ma' had just been registered with the Trademark Office of the State Administration for Industry and Commerce for less than a year, and it was only a local brand in several southwestern provinces, and there was no bulk sales record in the southeast Wuyue region, and there was no formal channel dealer system.

Moreover, at that time, the plaintiff only successfully registered the relevant trademark under Class 30, but not Class 29 - and under Class 29, it was obviously our client who successfully registered it first.

Therefore, based on the above reasons, I would like to draw the attention of the distinguished judges: at that time, our client was completely unaware of the relevant rights of the 'Qiangui L Gan Ma' company, and effectively registered and used the above-mentioned trademark in Wuyue Province in good faith.

According to Article 32 of the Trademark Law, an application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means. The situation I have just stated clearly complies with the relevant provisions of the first paragraph of this article, and is a "bona fide prior right" and should be protected by the Trademark Law.

Even if the plaintiff's relevant trademark gradually became well-known in our province after that, it should not retroactively restrict the market share that our client had formed before that.

In addition, in addition to the above-mentioned invoices and other evidence, our client has also used the above-mentioned trademark in this province in the past six years through various means other than sales. For example, in 02 years in the Qiantang Peace Convention and Exhibition Center held in the provincial agricultural and sideline products expo, 04 years in the provincial light industry foreign trade fair and a total of 5 economic and trade exhibitions.

We have kept the invoice for the conference fee, the photos of the exhibition site, and the content of the photos can clearly show that there is a large relevant trademark display LOGO on our booth. Therefore, we should conclude that our client has also made undeniable contributions to the popularity of the trademark in Wuyue Province. The fact that the trademark 'L Gan Ma' can have such a great reputation in this province today is not the result of the unilateral efforts of the plaintiff

All of the above evidence is hereby submitted to the adjudicators for approval, and the adjudicators are requested to make a decision. ”

Li Yifeng's most solid statement today can be regarded as a one-stop speech. Although he only spoke for a few minutes, the evidence behind it was collected, but he spent most of his work this week.

Deng Changchun, a big-old and coarse, fisherman entrepreneur, is actually impossible to keep evidence for so many years in advance.

If Li Yifeng hadn't forced his secretary to dig three feet into the ground, and extorted all the accountants who have outsourced and booked over the years, and the advertising suppliers he has cooperated with all the year round, he would not have been able to reach this court today.

These efforts are also the qualities that Li Yifeng should have as a qualified lawyer in the intellectual property litigation circle, and they are the confidence for him to collect money.

The judge first skimmed through it, asked the clerk to make the necessary records, and then began to ask Feng Jianxiong, who was on the side of the cross-examination: "Plaintiff's client, do you have any different views on the above-mentioned evidence submitted by the defendant?"

"Yes," Feng Jianxiong was very unceremonious, then stood up slowly, picked up a few pieces of paper from the table in front of him, and raised them, and started a mockery:

"May I ask the defendant, does your company always have the habit of writing down the specific specifications and brands of the products sold on the sales invoices? With all due respect, I am not questioning your business management level, but as a fisherman entrepreneur, you have such a clear sense of brand protection since the beginning of your business five or six years ago, which is really not like your company's style......

He asked Deng Changchun directly when he said this, because the defendant Deng Changchun was asked by the court to appear in person today.

Theoretically, however, he could have his lawyer answer all of them, unless they were personally related. So in the face of Feng Jianxiong's contempt and provocation, he was just about to attack, but he was stopped by Li Yifeng.

"You turtle ......" Deng Changchun in his life can't see those who "play tricks and engage in virtual economy" look down on "industrialists" like him, plus his education has been hard since he was a child, and he has been relying on hiring college students to work to satisfy his inferiority complex over the years, so Rao was taken care of by Li Yifeng before going to court, and he is still as irritable as a little artillery battle.

"Calm down! Calm down! I'll tell!" Li Yifeng suppressed his voice and said something sternly, so that he persuaded his pig teammates and made Deng Changchun not flout the court.

He turned to look at Feng Jianxiong with a resentful expression, and his eyes seemed to say: You are also capable of this? Give you the opportunity to cross-examine, why do you only use how to provoke Lao Tzu's client?

After controlling his emotions, Li Yifeng refuted with a smile instead of anger: "Please pay attention to the wording and respect the court for the other party's agent! Everyone is created equal! Our client's educational background and background have nothing to do with this case, and in the more than 20 years since the change, there are many great entrepreneurs from the countryside!"

It is simply a kind of uneducated discrimination to use this reason to unreasonably question our client's business ability, and even question the reason why our financial evidence is so solid! It is also disrespectful to the court!"

Li Yifeng's last few words were addressed to the presiding judge, obviously selling pity.

Feng Jianxiong immediately laughed and refuted: "Don't worry, did I say anything? Is he too sensitive? I just asked him if he dared to personally guarantee that the evidence he just submitted was true, and the speculation might not be in line with his management style, that's all!"

Did I say anything to despise him? Or do you say that Lawyer Li, you and your client are both paranoids of persecution? You just need to let your client open your mouth and make sure that the evidence is true, and this matter will be over, and we will ask the next one! ”