Seven Wolves "Decoration Theory" Is Not Legal.

It is understood that the plaintiff Keqi company prosecuted that the company is world-famous clothing and

In response, the wolves company replied that the designs used on the infringing goods were used as decorations. The main role was not to distinguish the source of goods, but not the use of signs.

The pattern used on its merchandise is an arbitrary combination of many English letters C, which is arranged in disorder and is not similar to the registered trademark of the plaintiff.

In addition, their products are sold in the exclusive stores, while the stores mark the "seven wolves" brand in the prominent position of the store, and the "seven wolves" brand is also used in the commodity, which does not cause the possibility of confusion or confusion.

Zang Yun lawyer of Beijing two high law firm believes that the "decoration theory" of the seven wolves, that is, commodity decoration, can not be used as an effective defense against trademark infringement.

China's trademark law enforcement Ordinance has clearly identified counterfeit trademarks as a form of infringement.

Zang Yun lawyer told reporters: "seven wolves' decorating" defense is obviously not in line with the existing legal provisions.

Zang Yun lawyer said that even if the "decoration theory" of the seven wolves company does not belong to the infringement of the first to four provisions of the fifty-second articles of trademark law in China, its behavior should also belong to the act of "other damage caused by the exclusive right to exclusive use of a registered trademark" stipulated in the fifth article.

The fiftieth provision of the trademark law stipulates that on the same or similar commodities, the same or similar mark as the registered trademark of another person shall be used as a commodity name or commodity decoration, and misleading the public shall be deemed as "causing other damage to the exclusive right of a registered trademark to another person".