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Counter Merchandise Is Famous Brand &Nbsp, Winning The Favor Of Consumers.

2011/3/12 13:30:00 104

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"JV Fulong supermarket sells the slippers with the word" PUMA "and the" leopard figure "without the authorization of our company.

trademark

Violation of rights.

Ji Fulong publicly apologized to our company for its actions and compensated our company for 150 thousand yuan.

"There is no malpractice in the supermarket that infringes on the trademark rights of the company.

Management

The counter of clothing commodities is leased to tenants, and the infringement is also the tenants.

tort

It doesn't matter to the supermarket. "

...

The two sides are always talking about each other.

This happened in the civil court of the intermediate people's Court of Nanning on the morning of February 25th.

The plaintiff is the famous German sports brand "PUMA" trademark of Germany's Rudolf Darth sporting goods Co., Ltd. (the company is called Bo horse company), the defendant is Guangxi jolong supermarket limited and its second branch of Nanning city (hereinafter referred to as "jolfulong supermarket").

The supermarket was accused of selling counterfeit "PUMA" trademarks by the company.

Near brand sale slippers supermarket infringement

Since its entry into the Chinese market in 1978, the company has registered trademarks of "PUMA", "leopard graphics" and "PUMA and leopard graphics" trademarks in China.

Subsequently, the company used a large number of trademarks in China.

The "Puma" series has become a well selling product in China.

In September 19, 2010, the company commissioned a notary public to buy a pair of slippers with the word "PUMA" and "leopard graphics" at the price of 10 yuan at the supermarket of jfulong supermarket by way of unannounced visits and evidence collection.

After a comparative appraisal, it was found that the slippers were fake products of the company.

In order to crack down on infringement and safeguard the interests of the company, the company will report to Nanning intermediate people's court.

Ask the supermarket to stop infringement, compensate the company's economic loss 150 thousand yuan, and apologize in the relevant newspapers to eliminate the impact.

The tenant called the supermarket to complain.

"Jfulong supermarket has not been authorized by our company to sell the slippers with the word" PUMA "and the" leopard figure "in its supermarket. Although the slippers change the font of the trademark" PUMA ", the composition and order of the letters do not change, and the" American leopard figure "is also very similar.

Such products are easy to confuse the general consumer's audio-visual and think that the product is the product of the company.

During the trial, the company said.

Faced with the accusation of the company, the company has strongly retorted that it does not exist in violation of the trademark infringement act of the company, and is subject to the involvement of the counter tenants.

"The type of goods that my supermarket operates is high-grade lamps and lanterns, and the counters in the supermarkets for clothing are rented out, which are sold and sold by the tenants.

According to the provisions of the trademark law, "sales do not know that it is a commodity that is used for infringement of registered trademarks. It can prove that the commodity is legally acquired by itself, and that the supplier is not liable for compensation."

Therefore, even if there is a tort, it should be borne by the seller, which has nothing to do with the supermarket.

So is the supermarket.

It also claims that the entry qualification of the garment industry is relatively low and lacks relevant inspection standards.

The clothing sold by the tenant does not contain inspection documents or trademark instructions. As an ordinary operator, there is no way to distinguish the authenticity of the "Puma" goods.

In the Nanning market, the company did not publicize its trademark style, nor did it set up a larger Puma store.

Moreover, the company has not provided a comparison between the goods purchased by the notary office and the genuine products of Puma, so the public can not know how to distinguish the authenticity of the clothing products of the company.

The supermarket believes that they have no subjective intent to infringing the goods, the objective fault is small, and they have provided the source of the goods. The lessee sells the counterfeit products by himself, and the civil liability of the supermarket should be exempted.

Claim 150 thousand claims supermarket claims high

For the 150 thousand yuan economic loss that claims for compensation, the supermarket of Fu Fulong thinks that the company is too high and should reduce the amount of compensation.

"The price of goods slippers involved in this case is 10 yuan, and the profit is very low. The compensation of the supermarket tenant is 1000 yuan enough to meet the legal full compensation for the loss of the company.

In addition, the company has obtained the total compensation of nearly one hundred thousand yuan from the many private enterprises that have been sued with the company, and now it also proposes a high amount of compensation, which is a way of making money and making profits with legal means.

Think of the supermarket.

For the 150 thousand yuan claims, the company also gave its own explanation.

"PUMA" trademark, "Jaguar figure" trademark and "PUMA and leopard graphics" brand are created by our company, and are used in sports clothing, sports shoes, backpacks and other products. They are world-famous brands that are widely used in the world for a long time. They have high reputation and good market reputation.

The supermarket is a chain supermarket. The sale of counterfeit products by Puma tenants has seriously eroded the market of our genuine products, and has also had a very bad effect on the reputation of our products.

Moreover, as a manager of the supermarket, there is no supervision and examination of the products sold by tenants, and there is a dereliction of duty.

The company believes that the claim for compensation is reasonable.

"The court debate is over.

We now ask whether the two sides are willing to accept the court mediation. "The judge asked the client.

"Agree to conciliation."

Both the company and the supermarket have expressed the same opinion.

The judge said he would choose another time for mediation after the adjournment.

Attorney: 20 enterprises in Yongcheng are suspected of infringement.

After the trial, the lawyer of the company said that there were 20 enterprises suspected of infringing the trademark rights of the company in Nanning.

Among them, the company has reached mediation with 5 infringement units and obtained compensation.

"Some big brands are popular with consumers, and some lawless elements are making big profits in order to win huge profits.

Some sales enterprises and clothing operators have a weak sense of law and are not strict in the purchase and sales links, resulting in frequent infringement cases.

The frequent rights protection case of Bo Ma company, on the one hand, has safeguarded the sale of its genuine products, and on the other hand, it has also made a wake-up call for clothing businesses.

It is hoped that businesses and enterprises will enhance their awareness of trademark law and be cautious about their products.

The attorney for the company said.