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    Beijing A Clothing Company Punishes The "BOSS" Edge Ball Penalty 1 Million 340 Thousand

    2010/7/30 15:54:00 45

    Clothing

    The Fengtai branch of Beijing industrial and commercial bureau (hereinafter referred to as the Fengtai industrial and commercial sub Bureau) finds that the sales logo of Beijing dream Clothing Co., Ltd is similar to the international famous trademark "BOSS", so it is punished.

    The clothing company refused to accept an administrative lawsuit.

    Yesterday, the Fengtai Court opened the case.

    Director Li of Fengtai industry and Commerce Bureau first appeared in court.


    [case replay]


      

    clothing

    Corporate infringement was fined 1 million 340 thousand


    It is understood that from March 2009 to April, the dream man clothing company has made many custom-made bags, cloth labels and tag tags with "B088" logo, which are used for tailored suits and leather shoes for external sale.

    According to the report, the Fengtai industrial and commercial sub Bureau believes that the "B088" logo of the above commodity is registered with the German Hugo Bosch trademark management company.

    BOSS

    "Trademark is similar to infringement.

    In December 2009, the Fengtai industrial and commercial bureau made a written decision on administrative penalty, which imposed a fine of over 134 yuan on the clothing company.

    The clothing company refused to accept an administrative lawsuit.


    [court trial]


    Clothing company: Registration "8088" trademark legal


    More than 9 o'clock yesterday, leading director of Fengtai industrial and commercial bureau Li attended the court early.

    Sitting in the dock for the first time, Li, who was in uniform, appeared calm.

    In the court trial, the agent of the plaintiff said that the "8088" trademark was registered legally by the company (Shenzhen). The company authorized the use of the "8088" trademark by the company and operated according to law, selling relevant commodities, which is in conformity with the law.

    The plaintiff's agent thinks that the "8088" trademark of the company is not similar to the "BOSS" trademark. The Fengtai branch of industry and Commerce has no right to identify the approximate nature of the trademark itself, and has no right to punish its own side.

    The plaintiff company asked the court to revoke the administrative penalty decision of the Fengtai industrial and commercial bureau.


      

    Industrial and commercial sub Bureau

    Use variant to be "BO88".


    The defendant Fengtai industrial and commercial sub Bureau submitted dozens of evidence to prove that his punishment was lawful.

    During the stage of defence and proof, Secretary Li did not speak. He listened carefully to the speeches of his subordinates.


    Fengtai industry and Commerce Bureau said that according to the relevant laws, anyone can report the trademark infringement to the industry and Commerce Department. The industry and Commerce Department has the right to investigate the trademark infringement. In this case, the plaintiff company has obtained the "8088" trademark authorization, but through the variation, the trademark logo has become "BO88" in the actual use. It is similar to the "BOSS" trademark, and has the intention of counterfeiting the "BOSS" trademark, which has caused confusion to consumers.

    The Fengtai branch of industry and Commerce believes that the decision on administrative penalty made by him is clear, reliable, and legal.


    "BOSS" company: do not accept the behavior of famous brand car


    As the third person, the agent of Hugo Bosse company said: "we have applied for objection to the" 8088 "trademark, and the relevant departments decided to cancel the" 8088 "trademark. Obviously, this kind of behavior is not acceptable.

    "The lawsuit triggered by it is still being tried in the court, and the" 8088 "trademark is still legal and effective.

    The plaintiff agent retorted.


    In the final presentation stage, Secretary Lee delivered a speech on behalf of his unit.

    "This case is a typical case in trademark infringement cases investigated by our bureau. It shows our confidence and determination in safeguarding the interests of trademark owners and the rights and interests of consumers."

    Secretary Li stressed that the Bureau will continue to protect the legitimate rights and interests of trademark owners at home and abroad as well as create a fair market environment for competition and a safe and satisfied consumer environment.

    The case was not pronounced in court.


    Director of dialogue


    Q: why do you appear in court as a director?


    Chief Li: I am very busy at work. Personally appearing in court this time will show our attitude and decision to protect the interests of the trademark owners and our ability and level of administration according to law.


    Q: will you appear in court later?


    Secretary Li: in the future, I will appear in court for influential cases. "

    Secretary Li replied that by participating in court hearings, their administrative enforcement level can be improved.


    Ask: How did you feel when you sat on the dock for the first time?


    Secretary Li: the law is supreme and everyone is equal before the law.

    Anyone can supervise the enforcement of our executive branch.

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