BELLE Trademark "Infringed" &Nbsp; Individual Merchants Provoke Lawsuits.

May 13th, a private entrepreneur and a small business

Abusing the "BELLE" trademark to provoke lawsuits

It is understood that Lihua company is "BELLE", "BELLE", "

According to Lihua company, a private shop in Nanshan District has been selling a large number of footwear products that infringed the lien Hua company's exclusive rights to the above trademarks in wholesale and retail outlets, that is, the footwear products sold in the shop were not authorized by Lihua company, but they used trademarks such as BELLE, BELLE and BeLLE, which seriously infringed Lihua's trademark exclusive rights.

In May 31st last year, Lihua company carried out evidence protection for the infringing act of the individual store. The notary office of Shenzhen notary office and Lihua company commissioned agents to buy two pairs of "BELLE" women's shoes at the individual store, and sold small tickets, POS cards and VIP cards on the spot, and the notary kept sealing the items they purchased.

After that, Lihua company reported the owner of a private shop to the Nanshan court, demanding that Yang immediately stop the infringement of the exclusive right to use the trademark, pay 50 thousand yuan and bear the cost of litigation.

Lihua also filed a lawsuit against Yang in Futian court, because another shop in Futian District has the same behavior.

It is no longer a rare thing for a self-employed or small business to be brought to court by a well-known large company because of trademark infringement. It also sounded the alarm for some individual businesses and small businesses.

Yesterday, the Shenzhen intermediate people's court launched a second instance investigation into a case like this. One side of the court was a self-employed person in Nanshan District, while the other side was the famous shoe brand "BELLE" Lihua Shoes Trade Co., Ltd.

Because of violating the trademark rights of Lihua company, the self-employed man was brought to court by Lihua company.

Self shop also recognizes infringement of actions.

When Nanshan Court opened the trial, Yang did not appear in court.

According to the trial of the first instance, according to the trademark law, the act of "using the same or similar trademark with the registered trademark on the same commodity or similar commodity without the permission of the trademark registrant" and "selling goods infringing the exclusive right to use the registered trademark" are all acts of infringing upon the patent right of the registered trademark.

In the first instance, it was considered that the trademark used by women's shoes sold by individual shops was the same as that of Lihua company's "BELLE" and "BeLLE".

Accordingly, the Nanshan court decided to stop selling the infringing goods immediately, and decided to compensate Yang for 15000 yuan.

After the first instance decision, Yang did not accept the appeal.

When the second instance was heard yesterday, both sides had appointed agents to appear in court.

According to the court's understanding, the lawsuit in Futian District was also awarded 15000 yuan by Yang Yang, and Yang also appealed.

When the Court opened yesterday, Yang admitted that his actions were infringed, but at the same time he believed that these shoes had legitimate sources. They were admitted from a company in Guangzhou and could be exempted from liability for compensation. Lihua also filed a lawsuit at Futian and Nanshan, which was repeated the same lawsuit and appeals.

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Lihua company said, Yang aspect can not provide evidence to prove that the infringement of women's shoes has a "legitimate source", even if the goods from Guangzhou's company, it can only explain that the infringement of goods, the source is not legal.

As for the "duplication of litigation", Lihua shoes said that although they were all Yang, they represented two individual shops, two independent entities.

Yesterday, the two sides expressed their willingness to mediate, but no court mediation was reached.

At present, the case is still under trial.