TAIPEI (The China Post) – TutorABC recently sued American Magazine Center (AMC), an English learning company, whose newly registered trademark “Tutor4U” allegedly infringed on the company’s intellectual property rights of the word “Tutor.”

近期空中美語公司另外註冊「Tutor4U」商標,線上英文公司麥奇數位主張涉及侵權,因空中美語商標含有「Tutor」字樣。

Based on TutorABC’s successful trademark registration of the names “TutorABC” and “Tutor” in 1997, the Intellectual Property Court ruled that AMC must pay an NT$10 million compensation. AMC has already filed an appeal, however, stating that the word “tutor” is a common English term that shouldn’t be monopolized by a company.

TutorABC已於97年取得「TutorABC」、「Tutor」(教練)等商標註冊,智慧財產法院則判決空中美語判賠一千萬。但空中美語不服判決,表示「Tutor」只是英文普通名詞,廠商不應獨佔,該案件將交由二審處理中。

In response to the ruling, TutorABC said that the use of similar brand names in the market could cause confusion among consumers and should be seen as an act of clinging to the company’s business reputation.

TutorABC則回應市場上使用近似品牌名稱、導致消費者有混淆之虞,是「攀附」TutorABC商譽。

As a trademark holder, TutorABC said it was only exerting its right to protect its brand from trademark infringement.

身為商標註冊人,TutorABC依法向法院提起訴訟以排除侵害,是正當的權利行使。

It is not the first time that the company sued competitors though, as several learning centers, all using the term “Tutor” in their brand products, including KOJEN English Centers, Gjun Language Institute, and HiTutor, have been sued by TutorABC in recent years.

然而TutorABC訴訟案件過去已時有所聞,數家補習班皆因商標中有Tutor一詞而挨告,其中包含科見美語、巨匠電腦、和HiTutor等。

These learning centers have decided to collaborate on this issue with some seeing rulings in favor of TutorABC, while other cases are still pending.

數家補習業者目前已自籌自救會。而TutorABC對競爭同業所提起的訴訟,部分已確定,部分仍在進行當中。