Reflection: When "French Cock" Meets "Chinese Cock"

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The three defendants belong to affiliated enterprises.

On the grounds of trademark infringement, last Friday and Tuesday, the Moore shoes and Clothing Co., Ltd. also brought Ningbo Le Kark limited to the Wenzhou court and Ningbo court.

When the "French cock" meets "China Golden cock"

Kark, the 100 year old "French cock", has sponsored many events, including Italy international Milan and other teams who have crossed the "French cock" Jersey.

In 1990, DESCENTE of Japan obtained Kark's trademark authorization in Southeast Asia.

In 2004, Shanshan Group introduced the "French cock" into China. After 6 years of development, the "French cock" has more than 50 Direct stores and more than 100 franchises in China.

In addition, Shanshan Group has set up a joint venture Ningbo music Kark Garments Co., Ltd. for the brand.

This company is jointly established by Ningbo Shanshan fashion clothing brand management Co., Ltd., Ningbo Sugisugi Eiko Clothing Co., Ltd., Japan DESCENTE company, and Shanghai itochung Fiber Co., Ltd., of which the two companies of Shanshan and Japan share 50% of the company's shares.

When the "French cock" entered China, it found that a similar trademark "golden rooster" existed in the competition of similar products.

Statistics show that the Fujian Jinjiang Moore shoes and Clothing Co., Ltd. was founded in 1995, the registered capital of 9 million yuan, opened more than 1000 stores in the country, and hired star Michael Wong as image spokesman.

Reporters found that the development speed of "French cock" in China and Adidas and so on.

Kark, managing director of Ningbo Le & amp; Kark Garments Co., Ltd. believes that one of the reasons for the slow development is that the "French cock" has been influenced by fake and shoddy commodities in the market after entering China.

When Kark first entered China, he became popular in the market because of his reputation abroad.

By 2006, the roosters on the market had not only enjoyed Kark's family, but many "fake commodities" had hindered the development of "French cocks" to a certain extent.

"Fake cock" not only costs us energy, but more importantly, consumers do not know "real cock".

Wang Ke said.

The most famous one is the Chinese Golden Rooster.

Debate on "cock" in court trial

In 2008, Ningbo Le Kark Co., Ltd. brought the Shanghai Jinji sporting goods Co., Ltd., Xiamen Jinji sporting goods Co., Ltd. and mojic shoes and Clothing Co., Ltd. to Zhejiang intermediate people's court.

"Two roosters are basically the same pattern, and the commodities used are similar, forming similar trademarks similar to trademarks."

Fei Zhenyu, a lawyer for "French cock" and a lawyer from Zhejiang guide company, believes that

Are the two "roosters" really similar? As the defendant's attorney, Ye Jianzhong, Zhejiang five union law firm, said, "there is a big difference between the French cock" and "the Chinese Golden Rooster". "The French rooster's trademark has no head and feathered tail, is a chicken, a bird, a peacock, is not known, and has a triangular outer frame, while the Chinese Golden Rooster's trademark has a head, a crown, tight and frameless."

In addition, Ye Jianzhong said that the trademark of "China Golden Rooster" was registered in 1984 by the first leather shoes factory of Shanghai. The registration time of "French cock" in China was 1997. In addition, the trademark was added to the trademark in 2004. The trademark enjoys the twenty-fifth category of the International Classification of commodities for the use of footwear.

If the two belong to the same or approximate, the post registered "French cock" is not likely to be re approved by the State Trademark Office.

In view of the long history of "China Golden cock", Fei Zhenyu has questioned, "mojick shoes and Garments Co., Ltd. is the trademark right to use" golden rooster "purchased from the first leather shoes factory in Shanghai in 2006, and the" cock "of mojick shoes and Clothing Co., Ltd. is also obviously different from the" Golden Chicken "registered by the Shanghai leather shoes factory. There are obvious differences between the two chicken lips, the radian of the chicken body and the angle of the chicken feet.

The Zhejiang intermediate people's Court pointed out that the trademark used by mojic shoes and Clothing Co., Ltd. is slightly different from that of the Shanghai golden shoe factory registered by the shoe factory. The former is a combination of the cock figure and the "Golden Chicken" character, the latter is only the "Golden Chicken" picture; the cock pattern is slightly different, and it is hard to detect in isolation (the two commercial labels do not compare together).

However, the Zhejiang intermediate people's court added that "in the same state of isolation, the general attention of consumers is generally considered that" French cock "and" Chinese golden pheasant "are all roosters, and it is difficult to notice the difference.

Thus, it misleads the origin of commodities or considers that there is a specific relationship between the two roosters, which belongs to similar trademarks.

In addition, the "golden rooster" has to admit that its goods are beyond the scope of trademark use.

The trademark of "Chinese Golden Chicken" registered in 1984 is used in the international classification of twenty-fifth categories of leather shoes, plastic (0, -12490.00, -100.00%) shoes, and fitness shoes, not including clothing and other goods.

The products used by Moore shoes and Garments Co., Ltd. are beyond the scope of fashion sports products.

Ye Jianzhong challenged the trial process. "In 1997, the trademark" French cock "was used for clothing and other products, excluding footwear. Is the trademark of their sports shoes beyond the scope?

Incomprehensible French background

The registered trademark of the first leather shoes factory in Shanghai is known for its popularity. But it is puzzling that after taking the trade mark, Shanghai Jinji sporting goods Co., Ltd. and Xiamen Jinji sporting goods Co., Ltd. have added a "French background" to their products sales and promotion.

"French golden cock, cock French COQ, English rooster, originated in the 1882 French textile merchant CAMUSET devoted to the development, has more than 100 years of history."

Shanghai Jinji sporting goods Co., Ltd. and Xiamen Jinji sporting goods Co., Ltd. are promoting their French background in multi-channel sales.

In addition, in the publicity of product publicity materials, media interviews and company websites, the French origin of brand is deliberately emphasized.

The Zhejiang intermediate people's Court pointed out that "on the one hand, the defendants in the court did not provide sufficient evidence to prove the authenticity of these publicity materials, but on the other hand they had similar origins to the French cocks."

"Shanghai Jinji sporting goods Co., Ltd., Xiamen Jinji sporting goods Co., Ltd., and mojic shoes and Garments Co., Ltd. have used the rooster pattern on the products and packaging of sportswear, trousers, T-shirts and other clothing and socks, ball caps and other products produced and sold since at least 2006."

Fei Zhenyu said that the defendant, by issuing false information and other means, deliberately confused the relationship between "French cock" and "golden rooster" trademark, which made consumers think there are some specific links between the two roosters.

Fei Zhenyu said that the "golden rooster" of China used the brand image of the "French cock" in the market and had the suspicion of free riding, which made it impossible for consumers to distinguish between "two cocks" which is "authentic".

Finally, the Zhejiang high court decided that the "French cock" won the lawsuit, the Shanghai Jinji sporting goods Co., Ltd., Xiamen Jinji sporting goods Co., Ltd., Fujian Jinjiang mojk shoes and Garment Co., Ltd. stopped publicizing its French origin, destroyed the infringing commodities, and compensated Ningbo Lok Kark Co., Ltd. 80 thousand yuan.

However, Mo RI Ke shoes and Clothing Co., Ltd. refused to accept the above judgment.

The company believes that the registered trademark used by Ningbo Le Kark limited exceeded the scope of use and infringed the rights and interests of the "golden rooster" of China in 1997.

Last Friday and Tuesday, on the grounds of trademark infringement, Mo RI Ke shoes and Clothing Co., Ltd. also brought Ningbo Le Kark Co., Ltd. to Wenzhou court and Ningbo court.

Voice

Hidden dangers of "made in China" intellectual property rights

Wang Ke said that winning the lawsuit does not mean that the "rooster" will eventually disappear. Kark also needs to go everywhere to investigate whether the "golden rooster" brand withdraws from the market, if there is no report to the local authorities.

In contrast, the Chinese Golden Rooster who lost the lawsuit was destroyed by a large number of infringing products, which also had a great impact on the company's performance.

Ye Jianzhong revealed that the infringement case was a great blow to Shanghai Jinji sporting goods Co., Ltd., Xiamen Jinji sporting goods Co., Ltd., Fujian Jinjiang mojk shoes and Garment Co. Ltd.

"With the upgrading of China's manufacturing industry, intellectual property cases are no longer simply a case of counterfeiting and shoddy products."

Liu Chunquan, an intellectual property lawyer at Pan Yang law firm, said, "there are many counterfeit products but not fake products in China."

The reason, Liu Chunquan said, is because domestic enterprises do not attach importance to the protection of intellectual property rights.

It is also necessary to pay attention to protect the intellectual property rights of their brands without infringing upon other people's intellectual property rights.

With the same level of production and manufacturing technology, most enterprises in China's manufacturing industry lack awareness of the protection of intellectual property rights.

"The cost of litigation for later litigation is not as good as the protection of intellectual property rights of its own brand, which is often just once and for all."

Liu Chunquan said.