Lin Weizhe loses his lawsuit against Soda Green, and the reasons for the court's decision are exposed


" soda green " member and former manager Lin Weizhe fell out of court and changed his name to " yuding " and started again. Photo / provided by Universal Music

[Worldview news] Sodagreen and former manager Lin Weizhe had a falling out with the court and changed their name to "Yuding Ito" to start anew. Applying for leave, requesting that Lin Weizhe shall not transfer or authorize the trademark "Sodagreen" to be accurately determined before the lawsuit was determined, but the ruling was once abandoned by the Intellectual Property Court. Lin Weizhe believed that Qingfeng and other 6 people affected his business reputation, and sued for 1 million yuan Taiwan dollar, Taipei District Court today ruled against Lin Weizhe, and Qingfeng and others are exempt from damages, and they can appeal.

Qingfeng and members Xinyi, Xiaowei, Jia Kai, Afu, A Gong and other 6 people applied to Lin Weizhe Music Club Co., Ltd. for leave last year, and offered 357,500 yuan for the Guarantee, requesting Lin Weizhe Music Club not to transfer or authorize the "Sodagreen" trademark, the Taipei District Court ruled to approve it on June 1 of the same year, but it was abandoned by the Intellectual Property Court and sent back to the court; The Intellectual Property Court also increased the guarantee to 2.15 million yuan after the ruling.

Lin Weizhe sued that Qingfeng and others had infringed on his right to use the sodagreen trademark, so he could not authorize others to use the trademark, and the brokerage contract between the two parties had nothing to do with the trademark, but Qingfeng and others still applied for leave,The public misunderstood that he was not the legitimate trademark owner who owns the trademark, affecting his business reputation and music product market transactions, and asked Qingfeng and other 6 people to compensate 1 million yuan.

Qingfeng and others argued that the application for leave was a legitimate and justified exercise of rights. Although the Taipei District Court ruled that it was once rejected and sent back, the reason was that they had different views on the laws governing jurisdiction, which had nothing to do with them; moreover, Lin Weizhe did not. The evidence is that the trademark authorized others to shoot movies , TV dramas or printed clothes, and after applying for leave, he did not take the initiative to mention the case, and it did not affect the public's wrong perception or affect the goodwill.

The court held that Qingfeng and other 6 people's application for leave was based on the constitutional guarantee of the people's right to litigate, which was a legitimate exercise of rights, and there was no illegal infringement. In addition, the intellectual property court rejected it on the grounds of a procedural dispute over exclusive jurisdiction. The more sanction does not mean that Qingfeng and others have no right to request and arbitrarily apply for a leave of absence, and the Taipei District Court has once again ruled on a leave of absence. The Intellectual Property Court and the Supreme Court rejected the appeal and determined that Lin Weizhe's claim was unreasonable.

(Editor: Zhang Yijia)

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