"Rooster" Brand Trademark Infringement &Nbsp; Ningbo Music Kark Clothing Win

Recently, the Zhejiang Provincial Higher People's court formally heard the appeal case of the trademark dispute between Ningbo music Kark Clothing Co., Ltd. (hereinafter referred to as "Le Kark") and Xiamen Jinji company, Shanghai Golden Rooster company and mojk company. In the end, Kark Kark won the lawsuit again, and the economic loss was awarded 80 thousand yuan.

The case began in October 24, 2008 and was infringed on the registered trademark of "rooster" pattern with its right to use. The Ningbo music Kark Garments Co., Ltd. authorized the Japanese Commercial Co., Ltd., Xiamen Jinji sporting goods Co., Ltd., Shanghai Jinji Sports Products Co., Ltd., Fujian Jinjiang moerk shoes and Clothing Co., Ltd. and its product dealer Liu to court.

On April 7, 2009, the intermediate people's Court of Wenzhou, Zhejiang Province opened the court for trial.

The court found that the defendant's Xiamen Jinji company and Shanghai Golden Chicken company used similar trademarks maliciously, causing the public to misunderstand the source of the goods that were controlled by the company and the registered trademark of Kark company or think that they had a specific relationship.

According to the first provision of article fifty-second of the Trademark Law of the People's Republic of China, without the permission of the trademark registrant, the use of a trademark which is the same or similar to its registered trademark on the same commodity or similar commodity is a violation of the exclusive right to use the registered trademark.

Accordingly, the Wenzhou intermediate people's court made a first instance judgment, ruled that the defendant infringed Kark's exclusive right to use the registered trademark and compensated the plaintiff's economic loss of 80 thousand yuan. At the same time, he demanded that the defendant immediately stop the infringement and publish a statement in the Xinmin Evening Paper to eliminate the infringement.

After the first trial, three defendants refused to accept the case and filed an appeal.

In March 15, 2010, on the symbolic day of "Consumer Protection Day", the Zhejiang Provincial Higher People's Court opened the trial.

In April 12th, the Zhejiang Provincial High Court upheld the final judgment of maintaining the original judgment of the first instance.

At this point, the legal disputes that infringe upon the rights and interests of registered trademarks have been declared final.

In recent years, with the deepening of China's integration into the economic globalization, there are more and more cases involving disputes and disputes involving intellectual property rights.

Some enterprises maliciously confuse their relationship with famous brands, thus misleading consumers.

This phenomenon of "brand name" is common in the clothing industry.

The original pseudonym card is a direct and direct snatch, copying and copying the original brand names of foreign countries. Now the method is relatively concealed, which is slightly modified on the basis of the original trademark, but the ultimate goal is still to allow consumers to have a certain association with the original brand.

For example, is the wrinkle on the head of the "old man head" three or two? "Crocodile" crocodile mouth to the left or right? "Montagut" petals have several petals?

It is the use of consumer information asymmetry that makes some brands steal.

However, such behavior will eventually show its true form. It will not only infringe on the rights and interests of consumers, but also affect the development of enterprises themselves, seriously weaken the power and capability of independent innovation, and ultimately lead to the loss of core competitiveness.

In this sense, the rooster case is bound to have a positive impact on China's garment industry to promote independent innovation and cultivate its own brand.

Kark said that it would continue to take legal measures to crack down on such infringement of trademark rights and use legal weapons to safeguard its legitimate rights and interests in the future.

About Ningbo Le Kark Garments Co., Ltd.

Ningbo Le Kark Clothing Co., Ltd. is a Sino Japanese joint venture co founded by Ningbo Shanshan Limited by Share Ltd, Ningbo Sugisugi Eiko Garments Co., Ltd., Japan's Dixie, Itochu fiber Trading (Shanghai) Co., Ltd., established in 2004. It has introduced the internationally renowned French brand Lecoqsportif into the domestic market. After nearly six years of development, it has already possessed a certain market share and the brand is also known by more and more people.