YOUNGOR Standard DP Claims Tens Of Millions Of Yuan
YOUNGOR, a domestic apparel company, was pushed to the dock for two letters.
The "DP" trademark holder recently filed a complaint with the Chaoyang Court, saying that YOUNGOR group used the trademark on its shirts, but did not pay the relevant fees. The court ordered the YOUNGOR group to stop using the trademark and compensate for the loss of 10 million yuan.
The plaintiff's "DP" font is larger than "YOUNGOR".
The "DP" trademark holder is Mr. Li, a resident of Wuhan.
Zhang Chao, his principal agent and Beijing Guangsheng law firm, introduced in August 21, 2003, approved by the State Trademark Review and Adjudication Board of the State Administration for Industry and commerce, Mr. Li obtained the trademark registration qualification of "DP" English alphabet.
At the end of last year, Mr. Lee came to Beijing for a visit. When shopping in a shopping mall in Chaoyang District, he accidentally discovered that the label of the shirt series produced by YOUNGOR group was marked with the word "DP", and the size of the "DP" font was obviously larger than the word "YOUNGOR".
Zhang Chao said that YOUNGOR group's use of the trademark without legal authorization has been suspected of violating Mr. Lee's trademark right.
Due to repeated negotiations with YOUNGOR failed, Mr. Li filed a lawsuit in Chaoyang Court, demanding that YOUNGOR group stop infringement and compensate for economic losses of 10 million yuan.
Zhang Chao said that YOUNGOR has been using the trademark for over a year, and its sales amount has reached hundreds of millions of yuan, and the compensation amount of 10 million yuan is within a reasonable range of claims.
The defendant "DP" is a generic name and should not be registered.
A staff member of YOUNGOR group office confirmed on the phone that Mr. Li did negotiate with the company, and the two sides did not reach an agreement because YOUNGOR group did not consider infringement.
However, the company has recovered some products sold in parts of Beijing, such as Zhejiang and Ningbo.
Mr. YOUNGOR, who handles the Ministry of justice, explained on the phone yesterday that "DP" is an abbreviation for "Durable Press (durable ironing)" in English, and it is a wrinkle resistant finishing technology, marking the letter to distinguish clothing of different quality.
According to the industry practice and relevant regulations, "DP" should belong to the general name. It should not be registered as a trademark. The use of YOUNGOR should be reasonable.
In this regard, Zhang Chao believes that if it is really like Mr. Guo's description, YOUNGOR's use should also be "YOUNGOR" three words larger than "DP", but the opposite is true.
Progress YOUNGOR submitted trademark dispute application
At present, YOUNGOR has submitted an application for trademark dispute to the Trademark Review and Adjudication Board of the National People's Republic of China, requesting the cancellation of the trademark "DP" held by Mr. Li.
This application is under review.
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