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【裁判要旨】对于具有一定市场知名度、为相关公众所知悉并已经实际具有商号作用的字号,可以视为企业名称。如果经过使用和社会公众认同,字号已经在特定地域内为相关公众所认可,具有相应的市场知名度,与该企业建立了稳定的关联关系,具有识别经营主体的商业标识意义,他人在后擅自使用该字号,足以使特定地域内的相关公众对在后使用者和在先企业之间发生市场主体的混淆、误认的,在后使用人明显具有攀附知名字号的
The purpose of the referee For businesses that have a certain market awareness, which is known to the relevant public and has actually become a firm name, it can be regarded as the name of an enterprise. If used and recognized by the public, the font size has been recognized by the relevant public in a particular geographical area, has a corresponding market reputation, and has established a stable relationship with the enterprise. It has the significance of identifying the business entity’s business identity and is subsequently used by others without permission The font size is sufficient for the relevant public in a particular geographical area to confuse and mistakenly recognize the market entity between the after-user and the prior-art enterprise, and the later user obviously has the name of