Disputes Between Garment Industry And Trademark Infringement

April 26th is World Intellectual Property Day.

On this day, the people of Yinzhou District

Yinzhou and Beilun are the most active areas in our city, Yinzhou.

In the press release of April 26th, two courts introduced some trademark infringement cases involving the garment industry in recent three years.

Over the past three years, the hospital has received 71 cases of intellectual property rights, including copyright disputes, trademark disputes, infringement of business secrets disputes, disputes over corporate name rights involving major enterprises, and unfair competition disputes.

In 2008, the Yinzhou court accepted the plaintiff YOUNGOR group Limited by Share Ltd v. defendant Li Chunhong's confirmation of not infringing on the exclusive right to use the registered trademark. The plaintiff YOUNGOR group, after receiving the defendant's infringement warning, voluntarily launched the judicial process, and asked to confirm that the use of "DP" logo on the shirt did not constitute infringement.

This special lawsuit involving the clothing industry is also the first case in Ningbo to confirm non infringement disputes. It is a new type of case (detailed report is published in January 13, 2009 Third Edition).

The private economy in Yinzhou is relatively developed, and there are many private enterprises. However, some small enterprises producing clothing are still creating famous brands. In order to extend the trial function of intellectual property rights, Yinzhou courts have launched targeted intellectual property law popularization services to enterprises, and strengthened their legal awareness.

Over the past three years, the hospital has received 41 cases of intellectual property rights, including 24 cases of trademark disputes.

Beilun is an important customs port of our country. Most of the trademark dispute cases accepted by the hospital are seized and seized by the customs. After the seizure of the land is taken as a joint point, the relevant obligee brings civil tort compensation proceedings to the court, most of which are the infringement cases of trademark infringement.

Since January 1, 2010, the hospital has jurisdiction over foreign-related intellectual property cases. Up to now, 9 cases of foreign-related intellectual property rights have been accepted, all of which are trademark disputes, involving famous clothing brands such as dissell, Armani, Chanel and so on. 72% of the cases are settled by mediation and withdrawal.

In the process of trying intellectual property cases, the court of Beilun has formed a trial mode with harbour characteristics.

It is the three main characteristics of the hospital to investigate and collect evidence from the port and to cooperate with the Customs Department and settle the case by conciliation.

The case of trademark infringement has been listed as an excellent case of intellectual property trial in the whole city.

Plaintiff Yi Nian (Shanghai) fashion trade Co., Ltd. v. defendant Ningbo, Yinzhou, a clothing pfer factory, Ningbo, Yinzhou, a clothing factory and Fang a trademark infringement exclusive rights dispute series.

[case]

A and B trademarks (see the bottom right) are registered by E.LAND LTD, Yilan, Korea.

The plaintiff of this case, Shanghai Yi Nian company, is the exclusive license holder of the trademark mentioned above authorized by Yilan Germany limited.

A and B trademark are two important image brands of the company. It takes young men and women and children as the target market, pursues the leisure sports attire style of the American campus, and fully displays the contemporary young people's lively, athletic and healthy mental outlook, which is deeply favored by consumers.

In the clothing market, the two trademark brands have a wide range of recognition and good reputation.

In September 2010 and October, the Yinzhou industrial and Commercial Bureau seized 488 counterfeit A and B and counterfeit A and B trademark garments at the production place of a clothing factory in Yinzhou, Ningbo. The women's T-shirts with counterfeit A and B trademarks were seized at the production place of a clothing pfer factory in Ningbo, Yinzhou, and 60 pieces of counterfeit A and B trademarks were seized in a booth operated by the defendant.

According to the plaintiff, the defendant made unauthorized production and sale of counterfeit A and B, counterfeit A and B trademark clothing, which seriously disturbed the normal market order, weakened the trademark, damaged the plaintiff's reputation, and caused huge economic losses to the plaintiff. Therefore, he filed a complaint to the Yinzhou court and asked the three defendants to stop infringement, apologize and compensate for the economic losses of 500 thousand yuan, 300 thousand yuan, and 100 thousand yuan.

After mediation by the court, the two sides reached a conciliation agreement and a settlement agreement. The defendant, a garment pfer factory in Yinzhou, Ningbo, compensated the plaintiff for the economic loss of 100 thousand yuan. The defendant, a garment factory in Yinzhou, Ningbo, compensated the plaintiff for the economic loss of 46 thousand yuan, and the plaintiff lost 9000 yuan in compensation for the plaintiff.

Trademark infringement cases are relatively common in the clothing industry. Some production enterprises often use the well-known trademarks of others in order to take the shortcut. They are often used to sell their products. They are still selling the products that are known to infringing upon others' registered trademarks, and constitute infringement.

This series of cases reminds enterprises not to have a fluke mentality on unauthorized use of others' registered trademarks. Once they are verified, they will face high claims from trademark owners.

Enterprises should take the road of independent innovation, and actively create their own brand is the way of enterprise development.

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Plaintiff Nike International Ltd (NIKE INTERNATIONAL LTD) and defendant Zhejiang Mingyang import and export trade Co., Ltd. infringed on trademark exclusive rights disputes.

[case]

The plaintiff Nike International Ltd is the trademark registrant of the Nike hook (Graphic) trademark and the "NIKE" trademark.

Zhejiang Mingyang import and Export Trading Co., Ltd., without its permission, used the "Nike hook (Graphic)" trademark on the 8000 pairs of glasses exported to Ningbo Customs on 16 January 2009, respectively. In April 7th of the same year, it used the "NIKE" trademark on the 6160 pairs of shoes exported to Ningbo customs.

The two batches of goods were seized after customs inspection. The Nike International Ltd then filed a lawsuit against the Beilun court, ordered the defendant to stop the infringement, and apologized publicly in the China Commercial Daily to dispel the impact and compensate the plaintiff for the economic loss of 500 thousand yuan, including the reasonable cost of stopping the infringement.

In the face of prosecution, the defendant did not deny the infringement, but thought the plaintiff's claim was too high, and he was unwilling to make compensation according to the plaintiff's claim amount.

After the hearing of the case, the court of Beilun repeatedly conducted mediation, and the defendant realized the serious infringement. Finally, the two parties voluntarily reached an agreement, and the defendant immediately stopped the infringement and compensated the plaintiff for the economic loss of 300 thousand yuan.

The infringement of internationally famous clothing brands is more serious. The amount of infringing products in the case is relatively large, and the infringed brands are internationally famous trademarks. The defendants are also repeating the infringement, and the infringement facts are clear.

But for the courts, the purpose of hearing such cases is not only to judge the right and wrong, but also to ease the disputes and give lessons to the infringing enterprises. The handling of this case has achieved the harmonious unification of the legal effect and the social effect.

After the successful mediation of the case, the plaintiff Nike International Ltd expressed satisfaction and wrote a letter to the Beilun court for its thanks.

[trademark]

At present, there are 7 authoritative definitions of trademarks in the world. Among them, the most representative ones are the definition of Trademarks Made by the International Association for the protection of industrial property rights (AIPPI) at the Berlin conference: "trademarks are used to distinguish goods and services provided by individuals or collectives".

The World Intellectual Property Organization defines in its trademark "model law": "trademark is a mark that distinguishes the product or service of an enterprise from the product or service of another enterprise".

In its trademark law, the French government has stated that "all visible signs that identify any product, goods or services of any enterprise can be regarded as trademarks".

From the above definition, we can see that the user of the trademark is the native, producer, processor, pick or operator of the trademark, but not the consumer.

The trademark is used in goods, and is different from the decoration on the goods. The former is to distinguish the source of the goods, it is exclusive, and the latter is to beautify, decorate, explain and publicize the goods.

Accordingly, trademark is the mark to distinguish the source of goods or services.

It arises at the historic moment according to the needs of human production and life. It is not only an intellectual property right, but also a result of mental labor and a part of industrial property. It is an intangible property of enterprises.

Trademark identification is a legal noun. It refers to the material carrier with trademark pattern for packaging, decoration, beautification, illustration and publicity.

A registered trademark is protected by law. No one can forge or unlawfully manufacture another person's registered trademark logo or sell a registered trademark mark forged or manufactured without authorization.

The packaging of goods is a kind of material protector used by producers or distributors of goods in order to make goods not damaged in the course of pportation and sale.

According to different functions, packaging can be divided into pport packaging (also called large package, outer package) and sales package (also called small package and inner package). According to different uses, packaging can be made of steel, wood, plastic, glass, hard cardboard and other materials.

The decoration of goods is used to decorate, beautify, explain, propagate the printing or drawing of the goods. (though drawing and casting), they are able to distinguish the role of commodity origin, but because most of the contents are not shared by the public, they can not be registered as trademarks, so they are not protected by trademark law.

In daily life, people usually combine packaging and decorations, collectively known as packaging and decoration.