Trademark Firewall &Nbsp; &Nbsp; &Nbsp; Shoes And Clothes And Other "Near Brand" Is Not So Easy.

"

"True and false cock" PK the real cock wins.

Ningbo Le Kark Clothing Co., Ltd. (a Chinese foreign joint venture affiliated to the famous Chinese clothing enterprise - Shanshan stock company), filed a trademark infringement lawsuit against Wenzhou intermediate people's court in 2008, which lasted until the end of last year.

The cause of the case is the infringer Xiamen Jinji sporting goods Co., Ltd., Shanghai Jinji sporting goods Co., Ltd., Fujian Jinjiang moerk shoes and Clothing Co., Ltd. and its Wenzhou dealer, Liu has used the rooster pattern similar to the Lecoqsportif (Le Kark) trademark graph in the products and its outer packaging of sports clothing, trousers, T-shirts and other products such as sportswear, trousers, T-Shirts, and so on, and has used a lot of infringement patterns in publicity, promising sales, developing distributors and expanding sales network channels.

This behavior has seriously affected the normal operation and brand image of Le Kark, and has also greatly hurt the legitimate rights and interests of consumers. Le Kark has filed a petition for three companies to court.

Accordingly, the court made a first instance judgment and ruled that the defendant's three companies violated the exclusive right of the Kark company's registered trademark, which required compensation for the economic loss of 80 thousand yuan and issued a statement to eliminate the infringement effect.

After the judgment of first instance, Xiamen Golden Rooster and mojk company appealed against the decision.

However, after the Supreme People's court's examination and analysis, the final ruling was issued: the retrial application of Xiamen Golden Rooster and mojk company was rejected.

The dispute over the right to exclusive use of the trademark of the rooster brand has also been settled.

Shishi shoes and clothing enterprises "near and near"

Since last year, according to the unified arrangement of special actions against intellectual property rights and counterfeit and shoddy goods sold by the provincial and Quanzhou authorities, Shishi has launched a massive special operation in the whole city. In just two months, 4 cases of trademark infringement have been investigated and dealt with in the city. The amount involved is nearly 54 thousand yuan, and 3 cases involving counterfeiting registered trademarks have been investigated. The amount involved is about 700000 yuan.

Wang Zhifang, Secretary General of Shishi quality and Technical Supervision Association, said.

According to the staff of the trademark and Advertising Bureau of the trade and Industry Bureau, since 2009, the number of cases of trademark infringement has been dealt with in more than 100 cases each year.

"Shishi brand enterprises attach great importance to trademark infringement."

Su Siyuan, deputy director of Shishi industry and Commerce Bureau, said.

As early as 2006, in the 2006, bin INGO (China) Limited defended the sale of counterfeit "bin Nu" trademark and hosiery on a supermarket in the city, and submitted a complaint letter to the industrial and Commercial Office of Ling Xiu, asking the supermarket to stop selling counterfeit goods immediately, and publicly apologizing and compensation for economic losses in the local media.

The commerce and Industry Department believes that the sale of counterfeit products in the supermarket constitutes an infringement of the exclusive right of a registered trademark, and confiscates its illegal sales proceeds and other counterfeit products that have not yet been sold.

Not only in Shishi, in recent years, Shishi enterprises also went to other provinces to fight against counterfeiting, but the Bulls family, Qi Qi and Golden Camel costumes had experienced the experience of fighting against counterfeiting.

"Brand name" has no future.

"Now consumers are very rational, buying a product will often be better than three."

The staff of the City Association of consumers, compared with previous years, the protection of the rights and interests of consumers has increased a lot. In purchasing commodities, they will look at the origin, production date, shelf-life and other important elements. Although there are many "famous brand" products on the market, the market is getting smaller and smaller. "Ultimately, there is no future".

According to the introduction, "no brand name brand", "small brands are big brands" and "big brands are closely related to international famous brands" are infringements in the courts. Basically, they are "losing the same color". In recent years, some businessmen have tried their best to create "edge ball" in order to obtain greater economic benefits instead of focusing on product quality and product brand.

A nameless or small famous enterprise should become a well-known brand in a short time. It needs to "smash up heavy gold", including channel development and brand promotion. So they turn their attention to trademarks that are the same or similar to the rights holders in their commodities, confuse the market, mislead the relevant public, and damage the interests of the trademark owners. "Actually, this practice is very wrong now, once consumers are found, the damage to their brands is also maximized."

Industry voice

Build a firewall around the main trademark.

"Most famous brands pay more attention to the protection of trademarks, but sometimes the cost of actual rights protection is higher, and some enterprises are also powerless."

A staff member of the Municipal Bureau of industry and Commerce said frankly, especially when it came to the controversial act of "edge ball". Because of the difficulty in obtaining evidence and identification, many enterprises were helpless in the face of illegal trade, OEM, or even counterfeit behavior.

"In order to increase the overall protection of trademarks, we recommend strong enterprises to register joint trademarks and defensive trademarks."

Li Rongliang, deputy director of the law department of the Municipal Industrial and commercial bureau, said that it is relatively simple to defer falsification for unregistered trademarks.

For similar trademarks appearing on the same or similar commodities, it is often difficult to identify when disputes arise. When registered trademarks are registered, they can play an important role.

"For example, a hook shaped trademark can be registered by all kinds of similar trademarks, such as forward, reverse, etc.".

It is learnt that the registration of defensive trademarks is not to use every registered trademark, but to build a "firewall" around the main trademark, playing a positive role in defending the initiative and preventing others from registering and using similar trademarks.

"For export enterprises, we also recommend that they register internationally."

Deputy director Li said that with more and more state-owned enterprises going abroad, the phenomenon of "Chinese famous brand" is not rare. In order to protect the interests of domestic products overseas, it is particularly necessary to apply for international registration of trademarks.