"Near The Name Brand" Causes Trouble &Nbsp; Seven Wolves Infringement Compensation 200 Thousand

On the morning of 25, the court decided that the company of the seven wolves stopped infringing on the exclusive right of the registered trademark of the Kochi company, and within ten days from the date when the judgment came into effect, it compensated the company for the loss of RMB 200 thousand yuan, and dismissed other claims of Kochi company.

The reporter called the seven wolves securities department to inquire about the matter. This person said he did not know about the matter and asked the rights protection department of the company headquarters in Xiamen.

Until the deadline, reporters repeatedly tried to contact the seven wolf wolf rights department, 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 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 in the same or similar commodity, the same or similar mark as the registered trademark of another person shall be used as a commodity name or a commodity decoration, and misleading the public shall be deemed to be a trademark infringement act "causing other damage to the exclusive right of a registered trademark to another person".

Therefore, from the perspective of civil relations, the practice of seven wolves has constituted a violation of the trademark rights of Kochi.

Seven wolves charged with infringement

Curse of "C" character

On the 25 day, the second middle court decided that the seven wolves were torts and was sentenced to compensate 200 thousand yuan for the company.

The court observed that there was a trademark of "seven wolves" on the outside of the shoe and sole of the infringing goods.

The middle part of the upper part is the cortex, and the sides of the upper are cloth, and the cloth pattern is a pattern with multiple English letters "C".

The court held that although the seven wolf company emphasized that the pattern used on the alleged infringing goods was an arbitrary number of English letters "C", it was observed that these "C" constituted the same figure as the registered trademark of the plaintiff company, which was enough to cause public confusion.

Zang Yun lawyer of Beijing two high law firm believes that this is actually a fact finding problem. In judicial practice, it is difficult to have clear objective criteria for such problems. It can only rely on the general public's cognitive ability to judge whether the counterfeiters and the counterfeiters are "approximate".

If the general public thinks that the "approximation" of the two is obvious, then the appearance of the infringement can be objectively established.

The reporter found that the company not only used the English letter "C" as a trademark, but also printed on the merchandise as a back image. This practice can not only expand the brand of the publicity company, but also act as a fashion.

At present, the famous brands in the world are not only Kochi company, but also have similar behaviors.

As is known to all, Louis Vuitton (LV) has always printed the "LV" brand on the sale of goods, not only playing a role in anti-counterfeiting, but also playing a good role in advertising.

Intellectual property = soft power

According to the judge who heard the case, in recent years, the market competitors tend to take various forms of infringement in order to obtain greater economic benefits. In particular, some competitors have focused their attention on some famous international brands, and have adopted various ways of "naming famous brands" and "taking the convenience of cars".

A company's development into a famous brand will cost a lot of publicity and promotion.

The infringer saves the previous capital investment and the struggling experience of the obligee, and confuses the market, misleads the relevant public, and damages the interests of the trademark owner by using the same or similar trademarks on his own goods.

Zang Yun lawyers believe that such "free riding" and "brand name" cases are common in reality.

In the past, enterprises did not attach enough importance to the intangible assets of intellectual property, and their protection efforts were not enough.

But in recent years, both countries and enterprises have realized the important role of intellectual property in competition.

In particular, after China's entry into the WTO, "we have found that we are far behind the developed countries in Europe and America in terms of intellectual property rights, which leads to the" soft power "competition of our enterprises but the foreign enterprises.

Shame and bravery, many of our enterprises are already studying and deploying the intellectual property development and protection plan.