Beside The Famous Brand, The &Nbsp Was Destroyed.

25 morning, the court decided seven wolves companies to stop violating the company's involvement in the company.

I call the seven wolves securities department people to ask about this matter. This person said that he did not understand this matter and asked the rights protection department of the company headquarters in Xiamen.

Until the deadline, I tried to contact the seven wolf protection departments for many times, but they did not respond.

Seven wolves "decoration theory" is not legal.

It is understood that the plaintiff Keqi company prosecuted that the company is known as the world's clothing and accessories brand "COACH" the right person, and registered its graphic trademark.

Since September 2009, the company has been authorized to use the trademark of Kochi company on its shoes produced and sold without authorization. The infringing products have been sold in the stores of many cities in China, and their actions have constituted infringement on the plaintiff's exclusive right to use registered trademarks.

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 goods are sold in the franchised store, and the store marked the "seven wolf" trademarks in the store's prominent position, and the "seven wolf" trademarks are used in the goods, and the possibility of confusion or confusion will not be produced.

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 the author: "seven wolves' decorating theory" 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".