"Vigny Bear" Trademark Infringement: South Korean "Vigny" Lai Yong Claims

The whole body is fluffy and naive.

However, in Ningbo, there are many small shops or stalls, which are sold at a super low price of less than 20 yuan, which is marked by the counterfeit "Vigny bear".

488 pairs of trousers, fake Vigny bear.

The brown bear and the "Teenie Weenie" trademark are registered trademarks of Yilan Germany limited. In mainland China, only the clothing trade (Shanghai) fashion trade Co., Ltd. (hereinafter referred to as "clothing and love" company) can monopolize the use of these two trademarks.

In September 9th last year, Gaoqiao industrial and commercial bureau of Yinzhou industrial and commercial bureau, according to the reports of the masses, seized 488 pieces of women's trousers with brown bears and "Teenie Weenie" on the spot at Yinzhou Aojie clothing factory (hereinafter referred to as "Ou Jie dress") in Ningbo.

The industrial and commercial department has imposed industrial and commercial penalties on ou Jie's clothing, fined 11000 yuan.

"Clothing and love" company believes that the sale of counterfeit "Vigny little bear" brand clothing is huge, which violates the relevant provisions of the trademark law and damages their goodwill.

Last October 15th, "clothing and love" company brought Ou Jie dress to the Yinzhou court.

Yesterday, the Yinzhou court heard the case of trademark dispute in accordance with the law.

Vigny: apology, compensation 300 thousand

In court, "clothing and love" company believes that the 488 pairs of women's trousers that have been investigated by the EU are printed with their registered trademarks on the front side of the trouser waist, which constitute infringement.

Subsequently, the "clothing and love" company listed the awards of "Vigny bear" trademark in many industry associations, and claimed that they invested a lot of money in maintaining the image of the trademark.

"Clothing and love" company said that the sale of counterfeit goods by Ou Jie had hurt their brand image.

They asked Ou Jie to stop immediately infringing upon the trademark. He apologized in the newspaper and compensated 300 thousand yuan.

Oj: judging from pricing, we know that we are fake, not infringement.

They are a small factory with only six or seven employees. At that time, they only produced 500 pairs of trousers that were marked with brown bears. 12 of them were sold, priced at 18 yuan / yuan, the actual selling price was 12 yuan /, and the sales amount was 144 yuan.

Therefore, according to the timely sales revenue, they have no real commercial impact on the "love and love" company, and they should not pay a compensation of 300 thousand yuan.

The price of the "Vigny bear" panties sold in the market is more than 400 yuan, but the price of the trousers that bears the sign of "Vigny bear" is only 18 yuan / piece. Therefore, according to people's daily experience, it is sure to distinguish the true from the false, therefore, it does not constitute infringement.

At the same time, consumers who buy hundreds of dollars pants and consumers of ten yuan trousers are different groups, so they will not affect their goodwill.

He said that they would stop trademark infringement, but they would not apologize and reduce the amount of compensation.

Is this another commercial hype?

At the end of the trial, the two sides expressed willingness to accept conciliation. However, due to differences between the two sides in the specific amount of compensation, they could not succeed in mediation on the spot.

After hearing the case, Yin hang, an agent of the company "clothing and love", was interviewed by reporters in Zhejiang Zhejiang South law firm.

Yin Hang said that since last September, they have infringed on the behavior of counterfeiting "Vigny bear" in Nanjing, Shanghai, Hangzhou and other places. In Ningbo area, they sued two factories producing fake "Vigny bear", and 3 shops selling fake "Vigny bear".

Yin Hang said, next, they will also carry out rights litigation in Wenzhou and other places.

Reporters questioned, "clothing and love" companies do this business speculation, so as to carry out brand promotion?

In this regard, Yin hang denied it, he said, "clothing and love" company's reasons for doing so.