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"Crocodile" Trademark Is &Nbsp; OEM Enterprises Are Facing Trademark Disputes.

2011/6/21 14:09:00 40

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"Crocodile" Trademark Dispute Over Each Other'S Trademark Dispute

The two crocodiles fight each other very often.

June 16th, Hongkong

Crocodile

(00122, HK) the Wuxi AAA company, which processed crocodile clothing with the OEM, went to the court again for the CROCODILE trademark.

Previously, 3484 AI crocodile women's jeans produced by Wuxi Ivor were in Shanghai.

Customs

When he was declared to be exporting to South Korea, he was detained on the grounds that he was suspected to infringe the exclusive right to use "CROCODILE" trademark of Hongkong crocodile Co., Ltd.

Wuxi's Ai Fu did not consider the infringement of the trademark of the crocodile shirt, and took the crocodile shirt to court.

The court of first instance in Pudong found that there was no evidence of AI in Wuxi.

tort

After the action, the crocodile appeals to a central hospital.

The above trademark detained "CROCODILE" jeans is authorized by the (Singapore) crocodile international agency PTE limited. The company obtained the exclusive right to "CROCODILE" trademark in South Korea and authorized the trademark to the Han Guoheng company. After that, Han Heng Ji company authorized the company to provide the garments to the Singapore crocodile company, the South Korean Ivor company, entrusted by the Wuxi Ivor company.

In China, crocodile currently has the exclusive right to use the registered trademark No. 246898th "CROCODILE", and is the only enterprise that owns the right to use the trademark in China.

Counsel for crocodile shirt, lawyer of Beijing Guo Hui law firm, said in welfare.

The judgment of first instance pointed out that the behavior of Wuxi's Ivor belongs to the foreign licensed processing act which was entrusted by the foreign company. The plaintiff used the trademark involved in the processing of the garment with the legal authorization of the trademark owner. Moreover, the behavior of the plaintiff's licensed processing did not cause market confusion and did not affect the defendant and the loss.

In the second instance, Yu welfare pointed out that "the crocodile shirt is the sole legal owner of the" CROCODILE "trademark in China, and Wuxi only has the trademark authorization from the South Korea's Ivor company, which is still in Korea.

Pan Juanjuan, Attorney General of the Wuxi branch of Beijing Dacheng Law Firm, retorts that the jeans are licensed for processing, according to the Attorney General of the Shanghai branch of Ai Fu.

Such a registered trademark, all sales outside the country, only OEM, no sales mode, can not cause confusion and misidentification of the domestic public, and should not be identified as trademark infringement.

The crocodile Company specifically pointed out that trademark infringement in the processing of licensed products jeopardize our economic interests and the economic interests of the parties. A large number of counterfeit products can enter China Customs through this way.

The rampant counterfeiting behavior has led to the destruction of the "made in China" image.

Liu Chunquan, a lawyer who has long been engaged in intellectual property litigation in Shanghai, pointed out that along with the development of manufacturing industry, China's coastal licensed processing industry has grown stronger. In the case of intellectual property litigation, OEM has often become the "high incidence zone" of trademark infringement.

It is reported that the case will be sentenced to sentencing.