Gucci, The First Eight Hundred Companion Was "Compromised".

The defendant, Sunda company, thinks that the women's sandals are clearly marked with Sunda brand, and the shoe box is clearly marked with the name and graphic trademark of Sunda company. At the same time, the shoes are sold in the special cabinet of Sunda. As a well-known trademark in China, the consumer will not be misrecognized.

"Gu Qiao Gu Xi's footwear products belong to the high-end product type. Most of the products belong to the middle range of commodities. They have different consumption groups, and the difference is obvious."

At the same time, the company also proposed that the "GG" figure on women's shoes is actually not a trademark, nor a pattern attached to goods or packaging. It only belongs to a "mark symbol" as a pattern of shoe material.

"This shoe material is purchased by our purchasing personnel openly and legally in the market, and the cloth source is legal. We have no subjective intention of infringement."

Finally, the company asked the court to reject the original request.

The defendant, the first eight hundred companion, said that the establishment of a contract between the company and sindar was entrusted with the contract of sale, and that women's shoes were lawfully acquired. When they sold, they did not know whether the women's shoes involved were infringed on the exclusive rights of the plaintiff's trademark. In the contract, the two sides also agreed that the goods entrusted to be sold should not be used or embezzled by others' trademarks, otherwise they should bear corresponding liabilities for breach of contract, so the first eight hundred partners had already done their duty of care and should not be held liable for damages.

Court: consumers "do not confuse" does not mean that people around consumers "will not be confused".

After hearing the trial, the court held that the "GG" trademark has become a high-end brand in clothing, shoes, leather products and other fields. The company used "GG" graphics on women's sandals, and consumers may mistakenly assume that the products involved in the products were jointly launched by Sunda and Gu Qiao Gu Xi.

Moreover, the product positioning of the original defendant and the defendant is different. The footwear products of the ancient Qiao Qiao Xi company belong to the high-end product type. Most of the products belong to the middle range of commodities. The use of the logo will cause the public to make changes in the recognition function of the "GG graphics" trademark, which will directly affect the saliency of the "GG" trademark, which will lead to trademark dilution.

The court also pointed out that consumers do not "confuse" the source of their products at the time of purchase, which does not mean that people around the purchaser will not be confused.

Women's shoes are labeled "Senda-woman" only in the middle of shoes. When consumers are actually wearing, they can't see the "Senda-woman" mark covered by the sole of their feet. Instead, the "GG" logo on the lining of the shoe lining is clearly visible, which will lead to the misrecognition of other buyers' actual consumption brands. This situation will undoubtedly reduce the value of the "GG graphics" trademark and affect its recognition role.

As a professional shoe manufacturer, the company has the duty to pay attention to the well-known registered trademarks in the industry.

As for the defendant's first eight hundred companion, the court considered that the seller had lawfully obtained women's shoes as a seller, and there was no evidence that he had already known the infringement of goods involved in the sale. Therefore, the first eight hundred companion had no fault and no liability for compensation, but the sale of women's shoes should be stopped immediately.

In summary, the court is based on the original script src=>