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Dongguan, A Garment Company Suspected Of Infringing Adidas Trademark Was Claimed

2011/1/8 15:24:00 76

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On January 5th, an enterprise in Dongguan, Guangdong was suspected of infringing on the "Y3" brand.

Adidas

The famous sports brand "Y-3" trademark exclusive right was registered in Holland's Adidas international management and Management Co., Ltd., and was informed by the Dongguan intermediate people's court that the hospital supported the demands of Adidas, and sentenced Dongguan enterprises and their Licensing companies to infringing and compensate Adidas for 200 thousand yuan.

According to the court, in December 16, 2002, Adidas registered its trademark "Y-3" on the eighteenth categories of commodities for the international registration of Madrid trademark, and extended the protection to China. The right to exclusive use of the trademark was valid from December 16, 2002 to December 16, 2012, and the products were approved to cover leather products, boxes and so on. G794599

In August 2003, "Y-3" began to sell sports fashion products in the Chinese market, and set up stores in mainland China, Taiwan and Hongkong, and established a high reputation and influence.

In August 21, 2006, Jing Gu International Trade Co., Ltd. registered in Taiwan approved the registration of "Y3" through the China Trademark Office.

trademark

In the use of twenty-eighth types of commodities, the exclusive right is valid until August 20, 2016, and entrusts Dongguan Jin Gu composite material Co., Ltd. as its producer and domestic distributor.

It is understood that the "Y3" logo "multifunctional" package produced by Dongguan Jin Gu company does not belong to the twenty-eighth category products.

Adidas believes that the "Y3" logo used by the Taiwan Jinggu company and the Dongguan Jin Gu company to produce, sell and display on the webpage is the same as the "Y-3" trademark pronunciation, and the visual difference is not big. The relevant public is unable to distinguish the general attention. The two trademark is similar and has the intention of malicious confusion. Its behavior constitutes a violation of its trademark exclusive right.

Moreover, the "multi-function backpack" products produced by the two companies belong to the eighteenth category of "registered bags and travel bags" of registered products. They are not the twenty-eighth category "special bags for ball and racket".

The intermediate people's Court of Dongguan concluded that the defendant's "Y3" trademark and

Adidas

The elements of the "Y-3" trademark are basically the same, the pronunciation is the same, the overall appearance is similar, it is an approximate trademark, and it is easy for consumers to produce associations between producers and producers, resulting in confusion.

Moreover, the defendant's trademark marked "Y3" has expanded the use scope of the twenty-eighth categories of trademarks.

The court finally decided that Taiwan Jinggu company and Dongguan Jin Gu company were tortious, and decided that the losing party would stop infringement and compensate Adidas company for 200 thousand yuan.