"The Father Of Happy Sheep" Sues Children'S Shoes And Department Stores.

The first court of Dongguan sentenced 10 cases yesterday. Intellectual property case

Dongguan Hai Ya Department suspected of selling marks the cartoon image of "beautiful sheep". Children's shoes It was brought to court by the original power company of "pleasant goat".

Because Hai Ya refused to appear in court, the court regarded it as the right to give up the cross examination, and finally recognized the composition of Hai Ya general merchandise. tort 。 Yesterday, the first court of Dongguan sentenced it to 14 thousand yuan in compensation for original power company.

On the eve of the eleventh World Intellectual Property Day, the first court of Dongguan yesterday conducted a centralized condemnation of 10 cases of intellectual property rights. According to reports, 1 of these 10 cases were infringed on the copyright of the famous cartoon character "beauty sheep and goat", and 9 cases were infringing trademark exclusive rights, involving various kinds of supplies in children's shoes, liquor, drugs, mobile phones, cosmetics and insecticides. At the same time, these cases involve common brands of life, including OPPO, 21 Jinwei, Jiannanchun and other famous brands.

According to the court, the maximum damages for the 10 cases were 40 thousand yuan, and 10 cases were awarded 171 thousand yuan. Since the centralized sentencing case is a first instance decision, if the party refuses to accept the judgment, he may appeal to the intermediate people's Court of Dongguan.

The court expressed the hope that through the centralized sentencing activities, the awareness of intellectual property protection of Dongguan enterprises should be promoted, not only to pay attention to business behavior, but also to build up the image of self brand.

Classic case:

"The father of happy sheep" sues children's shoes and department stores.

In the cartoon "pleasant goat and grey wolf", pleasant goat, beautiful sheep and grey wolf become household animated images. The film was produced by Guangdong original power company, enjoying complete copyright and copyright registration of "Happy Goat" and "big wolf".

Unauthorized use of cartoon characters

Guangdong original power company said that in December 26, 2009, notary public notary of Dongguan joined the company's principal agent, Huang Ming, to join the Hai Ya Department Store in the Expo Plaza, Dongcheng District East Road, Dongguan, and supervised Huang Ming's purchase of six commodities, including the children's shoes including the case, in the ordinary consumer status, and obtained computer tickets, sales orders and invoices.

According to the company's investigation, the children's shoes sold by Foshan Guang Di shoes company and sold in Dongguan Hai Ya department store, without the permission of the original power company, used the cartoon images of pleasant goat and grey wolf, whose behavior has seriously violated the copyright of the original power company.

Original claim 50 thousand yuan

Therefore, the original power company, on the grounds of infringing copyright, brought the Guangdong Di Footwear Company and Dongguan Hai Ya general merchandise to the court, requesting the court to order the two defendants to stop selling the children's shoes immediately, destroying the inventory infringing products immediately, recovering and destroying the inventory infringing products, and requesting the two defendants to jointly compensate for the economic losses of 50 thousand yuan.

Guang Di footwear company argued that after the production records were recorded, the shoes supplied by the original power company were not produced by the company, so they should not be liable for tort liability.

However, the department store was lawfully summoned by the court without any justification for refusing to appear in court. No reply or relevant evidence was submitted.

Court: department stores must pay 14 thousand yuan.

The court found that the cartoon image and original power company on the children's shoes were identical in the overall composition and manner of the "beauty sheep and goat" works, which advocated copyright, but there were no trademarks and manufacturers logo on the children's shoes.

The court held that there was no trademark or manufacturer's logo on the children's shoes. The original power company failed to submit evidence to prove that the children's shoes were purchased from Guangzhou Di footwear company. The court found that the original power company only produced by the manufacturer of the shoe box which was alleged to be infringing on behalf of the children's shoes. The evidence was insufficient and the court did not support it.

At the same time, the court held that Hai Ya department store sold children's shoes without any signs, and could not prove that the children's shoes sold were legitimate sources, and they should bear corresponding liability for compensation.

Yesterday, the first court of Dongguan sentenced the case to judge Hai Ya department store immediately stopped selling the act of infringing children's shoes, and destroyed the stock infringement products, and compensated the economic loss of Guangdong original power Culture Communication Co., Ltd., which amounted to 14 thousand yuan.

Other cases:

Yesterday, the first court in Dongguan concentrated on three cases involving OPPO series. Among them, communications equipment operator Wu Mou and Luo certain constitute infringement, the court decides two people to compensate the company 25 thousand yuan. In addition, the court decided to compensate the case for infringement of the exclusive right to OPPO trademark by 22 thousand yuan.

Selling fake Jiannanchun compensate 40 thousand yuan

Guo Mou manages a restaurant in Humen, because of alleged sale fake brand "Jiannanchun" drinks, Guo Mou is controlled by Sichuan Mianzhu Jiannanchun brewery limited company to court. The court found that in June 19th last year, the authorized agent of Jiannanchun distillery and the notary public notary in Guangzhou came to Guo's catering shop to buy a bottle of Jiannanchun, and then sealed the bottle. This wine is fake wine after being sealed and identified in court.

The court finally decided to compensate Guo for the economic loss of 40 thousand yuan.

Selling fake brand-name medicines, compensation 30 thousand

LAN Mou runs a drugstore in Shijie. Last July 29th, the "21 gold Vita" commissioned agent and the notary public notary of Guangzhou came to a pharmacy run by LAN. Under the supervision of notaries, the principal agent bought a box of "21 new gold Vita" at the drugstore. 21 Jinwei company said that the sale of a blue drugstore was counterfeiting its registered trademark, requesting the court to order blue compensation for the economic loss of 30 thousand yuan.

The court held that the sale of goods involved in the sale of blue goods constituted a violation of the exclusive right to register a registered trademark. Finally, the court decided to compensate blue for a total loss of 7000 yuan.

Yesterday, the court also sentenced another case of infringement of the "21 gold Vita" trademark rights, and the defendant, Deng Mou, was sentenced to pay 7000 yuan.