Jack Jones'S Trademark Infringement Case &Nbsp; Plaintiff Fang Shengsu.

Unauthorized registration of JACK&JONES official website, selling "JACK&JONES" and " Jack Jones "Trademark clothing, fashion fashion (Tianjin) Co., Ltd. infringed the operator, Ms. Cui and Mr. Du to the court.

The fashion company believes that the defendant's behavior has seriously infringed the plaintiff's legitimate rights and interests, causing huge economic losses to the plaintiff, and should bear the legal responsibility of stopping infringement, eliminating the influence and compensation for damages. In April 26th, the Haidian court of Beijing concluded the case.

The court found that the company was authorized to enjoy the use of the "JACK&JONES" trademark and the right to file a tort suit in China. The company is also the registrant of the "Jack Jones" trademark. The company has opened many stores in Beijing, Shanghai and other large and medium-sized cities, and has sold the clothing of "JACK&JONES" and "Jack Jones" brand. It has a high market share and popularity.

In 2008, the company found a website named "JACK&JONES official website" and "JACK&JONES Chinese website" (hereinafter referred to as JACK&JONES Chinese net), selling a large number of fake "JACK&JONES" and "Jack Jones" brand clothing. In Baidu, Google and YAHOO China network search keywords such as JACK&JONES, jackjones, JACK&JONES official website and jackjones official website, the first or second search results are JACK&JONES Chinese web. The website has a "J&J" file. Trend "Column", "wonderful moment", "media magazine", "FANS club", "discount store" and other columns, including JACK&JONES brand history, products, design concepts, development process and so on. In discount stores, a large number of JACK&JONES clothing, which is known as the authentic brand, is listed, and the number, style, size, presentation, discount price and special price are specified. Consumers can make purchases through Alipay and bank transfer and remittance. The clothing sold on the website is marked with JACK&JONES, JACK&JONES and other labels on the packaging bags, labels, tag, clasp buttons and cuff links. The "Jack Jones" trademark and the name and address of the bestseller are marked on the certificate. According to the investigation, the domain name registrant of the website is Mr. Du, the defendant, and is responsible for the defendant, Mr. Cui. The company was told two to the court.

After hearing the trial, the court held that Mr. Cui and Mr. duo used the same or similar trademarks as "JACK&JONES" and "Jack Jones" in the publicity, introduction and transaction of the same commodity without the permission of the trademark owner, and sold the commodities infringing the exclusive rights of the trademarks. The act was caused by the relevant public who mistakenly believed that the owners of all the domain names and websites and the providers of the clothes were the trademarks of the trademark owners. According to the transaction data obtained by the court to Alipay, Mr. Cui only sold more than 10 thousand and 6 times of infringing clothing through Alipay account from January 2008 to February 2010, and the successful transaction amounted to more than 280 yuan. In addition, there were "21 yuan for the buyer's payment, waiting for seller's delivery", "seller's delivery, waiting for buyer's confirmation" and "waiting for buyer's payment". The facts of the case show that the infringements are widespread, illegal profits are huge, and the consequences of infringement are serious. The two defendants are obviously malicious.

Finally, the court ordered the two defendants to stop selling. Tortious garments Close the infringing website; stop using the jackjonescn.net domain name, transfer to the plaintiff's registration and use the domain name, issue a statement in the relevant media, eliminate the influence, compensate the plaintiff's economic losses and litigation expenses totaling more than 190 yuan.

After the sentence, the company expressed compliance with the verdict. Mr. Cui and Mr. Du did not specify whether to appeal.