Selling "Altman" Children'S Shoes &Nbsp; "Good And More" Accused Of Infringement.
December 17th, do you have a good reputation in Jiaxing?
Department store
Limited company (hereinafter referred to as "Hello Mart") bought children's shoes with "Altman" image for their children?
Children's shoes
"Good and many" provoked Shangguan. Today, the Nanhu District Court heard the case in public.
"Good and more" "Altman" image of children's shoes were accused.
tort
Because of the popularity of the "Altman" series, many people like "Altman" very much, and they often call it "salty egg Superman".
But Jiaxing's "trust Mart" sells children's shoes with the image of "Altman" and is accused of infringement by Shanghai century Huachang Cultural Image Management Co., Ltd. (hereinafter referred to as Shanghai Huachang company).
Originally, rounded Valley Productions (Japan) was the copyright owner of the "Altman" film series. It authorized the Shanghai Huachang company to exclusively exercise the right of distribution, the right of projection and the merchandising right of the "Altman" film and TV series in the mainland of China.
In August last year, Shanghai Huachang company found that the "children's shoes" produced by Jiaxing's "good and many" sales of "Xiangmin shoes" had used the image of "Altman" as decoration.
As an attorney for the plaintiff, Lin Shaodong from Fujian told reporters before opening the court that they believed that the "Altman" image of "Xiangmin shoes" children's shoes without permission was a violation of the plaintiff's copyright. The sale of "good and bad" also constituted a violation of the right of Altman's image, but it was difficult to obtain evidence from the manufacturer's infringement. At present, they only told the dealer of "good and many".
"Trust Mart" was asked to apologize and compensate.
The plaintiff put forward in today's court that "good and bad" should immediately stop selling the "Xiang min shoes" children's shoes that sell infringing, destroy the unsold samples, semi-finished products, finished products and related signs immediately; make an apology publicly; compensate for the economic losses of 80 thousand yuan; compensate the plaintiff for all the expenses paid for the realization of the rights, which amount to 5000 yuan, whichever occurs.
According to the reporters, as early as November this year, the responsible person of "trust Mart" in Jiaxing admitted that in September, the company received the relevant notice, and had already disposed of those products in the supermarket. At the same time, it also terminated cooperation with the relevant shoe companies.
However, in today's court, the "good faith" attorney has argued that Shanghai Huachang company does not have the main qualification of the lawsuit. At the same time, they believe that Shanghai Huachang company does not own the right of "Altman".
In addition, they also stressed that cartoon characters on children's shoes sold in supermarkets do not necessarily match the image of "Altman". As supermarkets, they have regular sources of goods and have been cautious when buying goods.
As of press release, the case is still in the process of trial.
The path of safeguarding rights is not easy.
Before telling the court, Lin Shaodong told reporters that they had made all preparations to fight this series of difficult "rights struggle".
Lin Shaodong told reporters that intellectual property cases have been increasing in recent years.
"Especially when we make economic compensation, the amount is very hard to decide, because piracy is definitely cheaper than our original ones, they take advantage of our customer market, but our losses are hard to assess. At the same time, the illegal profits of them are more difficult to obtain evidence."
However, Lin was still more confident.
"Before, we have already had related lawsuits in many places such as Hangzhou, Ningbo, Shaoxing and so on. Basically, they all won. This time in Jiaxing, I think there should be no big problem."
Lin Shaodong said, "of course, we will also choose mediation. After all, our goal is not only economic compensation, but the key is to purify the market."
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