"Puma" Sues 12 Merchants In Dongguan For Busy Safeguarding Rights

　　近期，因美洲豹商標被侵權，國際知名鞋企“彪馬”將12戶東莞商家告上法庭，向每戶商家索賠10萬元左右。這是彪馬掀起的又一起維權風暴。

It is reported that from the beginning of 2007, "Puma" began large-scale rights protection operations in Dongguan, has been carried out four or five times.

At present, not only the Puma family, other well-known brands, such as Nike, Adidas, etc., have been continuing to sue the manufacturers suspected of infringement.

  　　  知名鞋企屢掀維權風潮 

According to statistics, "Puma" told merchants only 7 days in the case, and there were 12 sessions in the intermediate people's Court of Dongguan.

Microsoft has told Dongguan Internet cafes that the case has not yet been formally opened. Puma, the world's most famous sports brand, has been in court with Dongguan's infringement businesses.

"Puma" said in the complaint that the Rudolf Darth sporting goods Limited by Share Ltd has long been authorized by the State Administration for Industry and commerce to authorize the PUMA and the Jaguar graphics to be the exclusive right to register the twenty-fifth categories of commodities in China. However, the defendant continued to infringing the line after receiving the lawyer's letter, and then the merchant went to court to ask the defendant to stop the infringement and claim 100 thousand yuan.

Although the 12 cases have been settled by mediation, it is obvious that Puma's anti-counterfeiting rights path will continue and will become more and more violent.

It's not just a kind of fake rights protection. Similar trademarks are also the focus of attention of well-known shoe companies.

In 2009, Adidas international management and Management Co., Ltd. filed a lawsuit against Wenling's military footwear factory for violating the exclusive right to use Y-3 trademark. Adidas claims that it registered the Y-3 trademark in China in 2002. The trademark was created by the world's top designer Yamamoto Teruji (YohjiYamamoto), and Y represented YohjiYamamoto, while the 3 represents logo of Adidas three lines. In recent years, with the growing influence of Y-3 brand in China, the phenomenon of unauthorized manufacture of counterfeit Y-3 brand shoes and clothes has occurred frequently. In early April 2008, Adidas found that the defendant, Wenling Jun Ming shoe factory, used the logo consistent with Adidas's registered trademark on its casual shoes upper.

 　　  中國鞋企需要學會維權 

China's policy of combating trademark infringement is consistent and clear.

It is understood that in protecting trademark exclusive rights, China is carrying out the "dual track system" of judicial protection and administrative protection. At present, most trademark infringement cases are handled by the administrative department for Industry and commerce.

In the past, foreign enterprises also tended to take effective administrative measures, but in recent years, more and more foreign companies took judicial measures to protect their interests.

It is learnt that in foreign countries, the protection of the right to exclusive use of trademarks relies mainly on judicial protection, and trade associations have also played a great role. Therefore, China should gradually delegate the responsibility of the government to the trade associations and judicial organs to solve the problem of trademark protection.

Kangnai group's successful response to the British Dunhill company is an example.

In September 1996, Kangnai group applied for the registration of "KANGNAL" (long font) trademark, but it caused the dissatisfaction of the British Dunhill company. Dunhill thought that the "KANGNAL" trademark was similar to its registered "DUNHILL" (long font) trademark.

After 10 years of litigation, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce has made a ruling. Dunhill's objection to the repeated hearing is not established, and the "KANGNAL" (long font) is approved for registration.

It is not just Kangnai that dare to brand shoes, but also a small shoe factory in Jinjiang.

Jinjiang Strait Footwear Co., Ltd. (hereinafter referred to as the Straits company) designed and produced a logo.

Just during the publicity of this trademark registration by the Trademark Office of the State Administration for Industry and commerce, a well-known company in Italy raised an objection that the trademark of the company was imitated by its trademark and demanded to be revoked.

But they were not discouraged and hired an intellectual property agency to deal with the matter. After 5 years of twists and turns, the Trademark Office of the State Administration for Industry and commerce finally ruled that the reasons for the objection of the Italian company were not valid and approved the trademark registration of the Straits company logo.

Although China already has its own relevant laws and has joined the international legal system, there are still some difficulties in its implementation. It will take a long process to protect intellectual property rights.

Chinese shoe companies need to put the law in their hearts before they can fundamentally solve the problem of intellectual property protection.