American Camel Shoes Are Alleged To Be Counterfeit Foreign Goods, Trademarks And Manufacturers Belong To The Domestic Market.
"Camel brand is originally China. Camel casual shoes are on the US. Is this not misleading consumers?" Yesterday, Lawyer Zhang Jian Hong rushed to Shijingshan court with a pair of "American Camel" casual shoes he bought, and made an attack on businesses and manufacturers. In the court trial, he asked for double purchase of shoes for 740 yuan based on fraud and fraud. Event replay lawyers question camel brand
Zhang recalled that in the spring of 2008, when he was shopping in a large supermarket in Shijingshan District, he was attracted by "American Camel" casual shoes. At that time, he noticed that the label "Camel" was marked on the counter, and the word "American Camel International Invest Enterprise Ltd (authorized)" was used on the soft package of the shoes. "I think camel is a brand owned by an American company." Zhang said, so he bought a pair of shoes with 40 yards without hesitation.
After enquiry by Lawyer Zhang, it was found that the registered trademark of "brand of camel and map" is a Chinese citizen of 10000, rather than a American Camel International Invest Enterprise Ltd. Originally, Wan Mou was allowed to register a camel and a trademark, and the American Camel International Invest Enterprise Ltd was allowed to use the trademark. After that, American Camel International Invest Enterprise Ltd allowed Shishi Hao Shoe Co., Ltd. to use the trademark.
"A common trademark registered by a Chinese person has turned into an American Camel, which is misunderstood as an American brand." Zhang says there is fraud in this way.
The court challenged the manufacturer's jurisdiction.
At the beginning of the trial, Zhang Jian Gang put forward two additional defendants to the judge, one is the "Camel" trademark registrant Jin Gang, and the other is the American Camel International Invest Enterprise Ltd. The reason for Zhang Jian Kong's decision is very clear. He said: "Wan Jingang has not supervised the Licensee's use of trademarks, and the American Camel International Invest Enterprise Ltd has missed the way of misleading consumers."
As an agent of the first defendant, the supermarket agent said there was no fraud in the supermarket. The agent even questioned Zhang's consumer status. "He is not an ordinary consumer. He buys camel casual shoes with a notary."
Mr. Zhou, the agent of Shishi Hao Mei Shoes Co., Ltd., said the company believed that the case should be heard in the local court of Shishi.
After the court investigation, most people thought it was foreign brand.
Yesterday afternoon, reporters rushed to the supermarket located in Shijingshan District, found camel casual shoes sales counters. Reporters randomly asked ten citizens, who said they had heard of camel casual shoes. As for the problem of which country the camel brand belongs to, most people say, "the American Camel shoes should be the United States". A member of the public, Mr. Guo, pointed to the shoes on his feet and said, "I wear camel casual shoes. These shoes are very comfortable to wear. At that time, the words of the American Camel on the outer package, I think it's an American brand." Morning news reporter Wu Xinwen photo
Lawyer's statement
Goods need not be marked.
registrant of trademark
Lawyer Zhao Xiaolu of Beijing law firm believes that brand is different from trademark. Trademark is a legal concept and brand is a market concept. The brand contains the quality and reputation of the operator and its goods or services, and its value depends on the perceptual knowledge of consumers. Trademark registration is registered, and the brand itself is not national boundaries.
On the goods, it is indicated that the trademark registrant is not the legal obligation of the operator, and the operator does not indicate that it does not constitute infringement on the consumer's right to know. The operator shall use the Chinese language in the commodity (or its package), truly indicate the producer's name and address, etc.; if the registered trademark of another person is permitted to be used, the name of the user should also be marked; the origin of the imported commodity (or its package) should also be marked, and the name and address of the agent or importer. If the operator intentionally does not indicate the content of the producer's name and address and misleads consumers to misjudge the manufacturer and the origin, it constitutes a fraud against consumers.
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