It'S All Caused By "Brand Name".

"The woodpecker world walks, the red dragonflies fly all over the sky, the fox runs everywhere.

Take the woodpecker.

True or false "boss"

Not long ago, a consumer in Beijing Cui Wei Limited by Share Ltd Cui micro commercial building buy "BOSSsunwen shoes" was told "BOSS" shoes, the consumer learned that these two are not a brand, the consumer will sue the Cui malls to court, the second instance of the case of commodity sales fraud in Beijing first intermediate people's Court opened the curtain.

It is understood that a consumer in August 5, 2010 to Beijing Cui Wei three floors bought a salesperson claiming to be "BOSS" leather gift boxes and men's shoes two pairs.

During the purchase process, the salesperson called the product BOSS brand, and marked the "BOSS" logo in Beijing Cui Wei store.

When the consumer invoices, the staff will also register the trade name as "BOSS shoes".

After enquiry, the consumers found that the merchandise they purchased was "BOSSsunwen" brand.

Consumers feel cheated and repeatedly failed to find Beijing Cui Wei theory.

He then appealed to the Haidian District Renaissance court in Beijing, requesting the court to conclude that Beijing Cui Wei constituted fraud, double compensation for consumers' shopping expenses, and made public apologies to consumers.

The revival court heard the case in January 7, 2011.

In the trial, Beijing Cui Wei called "BOSS" as the abbreviation of "BOSSsunwen", and "BOSS" was not an independent trademark.

The first instance judgment concluded that the consumer did not prove that "BOSS" was an internationally famous brand. Consumers did not provide sufficient evidence for false statements and misleading contents of Beijing Cui Wei sales staff, and they did not support the proposal.

The consumer appealed against the first instance and appealed to the first intermediate people's Court of Beijing.

In April 12, 2011, a middle court heard the case.

In the second instance, Beijing Cui Wei still insisted on the abbreviation of "BOSS" as "BOSSsunwen", and "BOSS" was not an independent trademark.

BOSSsunwen, which is similar to the name of HUGOBOSS, the famous international brand in Germany. After investigation, the China Trademark network shows that the applicant of BOSSsunwen brand is BOS International Limited, but the address is in Hongkong.

Brand name tricks

According to the reporter's observation, the way of naming famous brands is to purchase prefixes or suffixes on famous trademarks to make consumers mistaken for the products of famous trademarks.

For word trademarks, some famous brands are prefixed or suffixes, such as "Valentino family", "Valentino Bai Bai", "Giovani Valentino" and so on. In fact, these brands have nothing to do with Valentino, the world's top brand.

For graphic trademarks, we do everything possible to deal with them in detail, which makes consumers hard to argue.

For example, is the woodpecker's bird's mouth upwards or downward? Is the crocodile crocodile mouth moving to the left or to the right?

Insiders pointed out that the most exaggerated "near brand" is to register the famous trademark as its own firm, deliberately confusing the difference between the company name and the brand name, making the consumer mistaken that the famous brand is produced by the company.

For example, the famous brand name "woodpecker" Chinese trademark is registered as "Shenzhen woodpecker Shoes Co., Ltd.".

And then boldly imitate the authentic "woodpecker" store in the decoration of the store, and it is better to register the famous trademark abroad or in Hongkong as its own firm, which makes the consumers more true and false. For example, French woodpecker leather (International) Co., Ltd., Hongkong Red Dragonfly (Group) International Development Co., Ltd.

Some legal experts point out that the act of naming famous brands is a kind of unfair competition and a trademark infringement.

Prefix or suffix on another famous trademark and pform the well-known trademark pattern of others into its own trademark. In practice, this situation can be identified as: without the permission of the trademark registrant, the act of using similar trademarks on the same commodity or similar commodity is infringed upon the exclusive right to use the registered trademark in accordance with the provisions of the Trademark Law of the People's Republic of China.

If a well-known trademark of another person is registered as the name of its own company and is used prominently, so that the relevant public may misunderstand the source of the goods, the industrial and commercial department may investigate and deal with it according to the relevant provisions of the People's Republic of China anti unfair competition. The trademark holder may also bring a civil action to the people's court in accordance with the provisions of the Supreme People's Court on certain issues concerning the trial of a registered civil trademark, the dispute between the enterprise name and the prior right in civil disputes.