Puma Sues Compensation For Infringement Of 8 Shopping Malls In Quzhou
German Puma sued Zhejiang Quzhou 8 shopping malls (shops) fake "Puma" series of infringement of trademark exclusive rights cases, in Zhejiang Quzhou intermediate people's court three Court Cheng Shun added judge successfully adjusted, the last case settlement agreement signed to make a clear understanding of this matter.
The judge said, "it is thanks to the help of industry associations that we can achieve the conclusion of the case."
At the end of 2009, the staff of the German Rudolf Darth sporting goods Co., Ltd., Puma (hereinafter referred to as Puma), purchased the clothes and shoes with leopard graphics and "PUMA" logo, and photographed and sealed the suspected infringing products as evidence.
Subsequently, Puma took the 8 shopping malls and shops on the grounds of infringing the exclusive right to use the registered trademarks, and asked the defendant to stop the infringement, make public apologies in the media and compensate hundreds of thousands of yuan.
The plaintiff said in court that "Puma" registered in China in 1991, including "PUMA", "leopard graphics", "PUMA and leopard graphics" and other trademarks, and has been approved for use in clothing, shoes, hats, bags and other commodities.
Without the plaintiff's permission, the defendants sold trademarks which were the same or similar to their trademarks. The purpose of misleading consumers was very clear and violated the plaintiff's exclusive right to use registered trademarks.
After receiving the case in the Quzhou intermediate people's court, taking into account the fact that the defendant was mostly the Wenzhou businessmen who came to the city for investment, the judge took the initiative to get in touch with the Wenzhou chamber of Commerce and hoped to do the work of the defendant with the strength of the chamber of commerce.
The Wenzhou chamber of Commerce has actively intervened in communication and coordination with the defendant, which has effectively eliminated the resistance of the defendant.
After obtaining the understanding and cooperation of the defendants, the judge promptly explained to the merchants the legal provisions of China in terms of intellectual property protection and the litigation risks they may take.
A thorough legal interpretation eliminates the dissatisfaction in the defendant's mind, so that he has a correct legal assessment of his conduct and lays the foundation for mediation.
In the communication with agent of Puma company in Germany, in more than 10 days, the judge carried out mediation without interruption through face-to-face interviews, telephone communication and other ways, and exchanged the latest progress of mediation with both parties everyday.
Eventually, the two sides of the original defendant reached a settlement agreement on seven of the cases in June 3, 2010 and fulfilled it on the spot. Finally, a case was finally concluded by withdrawing the lawsuit yesterday.
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