Claim For 20 Million Yuan Claim For Infringement Of Well-Known Clothing Brand By Hangzhou Self Employed
"G2000", a well-known Hongkong clothing brand, "2000", a trademark registered by a registered owner in Hangzhou, has led to 8 years of trademark disputes and 20 million yuan claims. Today, the provincial high court held a lawsuit against the trademark infringement case of two thousand companies in Hongkong by a self employed person in Hangzhou. Insiders believe that this case means that the enterprises in Zhejiang Province counter the arrival of the era of "reverse trademark infringement".
The competition between the two sides of this case is very different: in the shopping mall such as intime, you can find "G2000" brand clothing, which is loved by many urban white-collar workers, especially the professional women. There are more than 400 counters in the country selling "G2000" products. Zhao Mouze, the "2000" trademark owner, is a self-employed person in Xihu District. There are not many people who know this brand. In October of last year, the Hangzhou intermediate people's court sentenced the owner of "G2000" to Hongkong to lose two thousand yuan and compensate Zhao for 20 million yuan. In December 19th last year, the two thousand companies that refused to accept the ruling brought a lawsuit against the Zhejiang provincial high court.
"In the past, most trademark infringement cases occurred mainly by some manufacturers' free riding" and deliberately counterfeiting famous trademarks. However, there are more and more other cases. Legitimate trademark owners are not very well known, but the illegal use of trademarks has a high reputation. Lawyer Huang Weiyuan, director of the Intellectual Property Department of Hangzhou six and law firm, said that the latter infringement is known as "reverse trademark infringement".
Before the dispute between "G2000" and "2000" trademark, there have been several cases of "reverse trademark infringement" in our province. Zhejiang blue wine industry Co., Ltd. is a small company located in Lishui. This company is the owner of the "Blue Storm" trademark. However, it was considered by the relevant departments that the "Blue Storm" beverage launched by the Shanghai Pepsi Co was repeatedly seized. The result was indignant appeal. After the first instance and second instance, the court finally sentenced the Shanghai Pepsi Co to compensate 3 million yuan.
"This phenomenon has gradually become a trend." Zhou Gencai, President of the three Court of the provincial high court, said that at present, the number of domestic enterprises in the case of trademark disputes in the province has accounted for 1/8, and it is expected that the number will continue to increase in the future.
In the case of reverse trademark infringement, small businesses with trademarks are often at a disadvantage. "The more publicity a well-known enterprise infringed upon, the smaller the use of small businesses with legitimate trademarks, the less opportunities for enterprises to develop." Zhou Gencai believes that small and medium-sized enterprises should also take legal weapons to safeguard their legitimate rights for their own survival, while overseas enterprises should pay more attention when entering the domestic market, and do not infringe the trademark rights of domestic enterprises in order to avoid becoming defendants.
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