French Cock "Le Kark" Actively Protects Rights Against Trademark Infringement Cases

French cock "Le Kark" travel shoes suspected

According to media related information reports, for luxury sales website, Xiu Xiu net, group buying website tick Group sales "Le Kark".

In March this year, Mr. Hao, a consumer in Hangzhou, Zhejiang, bought a pair from the tick group.

Subsequently, the Japanese company, in April this year, held a press conference in Beijing to announce the selling behavior of the show and tick group.

The incident was called "the first case of online group buying rights protection" by the media.

In April 23rd, the public relations company of runway showed a statement to the media, which said that the show network "guaranteed that all the products of the website were genuine brands", and said it had "overseas authorized documents". In April 24th, the tick group also issued a similar statement.

The plaintiff, Japanese company, said in a complaint that its exclusive right to use registered trademarks for "lecoqsportif and map" trademarks should be protected in accordance with the law.

The free sale of the products marked with the identical logo with the registered trademarks of "lecoqsportif" and "tick" without the permission of the company and the tick group violated the trademark law and constituted infringement on the exclusive right of the plaintiff's registered trademark.

At the same time, in response to the statement of "Xiu Xiu" and "tick" group, Kark, a Japanese agent and a lawyer who handled the case in response to the case of Ningbo, the company responded to the questions one by one, claiming that the tick group and the walking show network had always claimed that they had obtained the authorization, but they did not show the relevant authorization documents to the public.

Through the trial of the court, we can prove the core issues such as the existence of its authorization and the legality of its rights.

In other words, even if there is a relevant overseas authorization, it does not indicate that these products have the legal conditions for sale in the country. According to the fifty-second provision of the trademark law, "without the permission of the trademark registrant to use the same or similar trademark", "selling goods that infringe the exclusive right of a registered trademark" can be regarded as an infringement of the exclusive right to trademark.

However, the exclusive right of Kark's trademark in mainland China is Desanto, Japan's company. Without the permission of Desanto company, no one has the right to use or authorize others to use the same or similar trademarks in the same or similar commodities on the mainland of China, or to sell products with the same or similar Kark's trademarks, otherwise it will constitute a violation of the exclusive right of trademark of Desanto company.

In addition, the plaintiff also said in the prosecution that in April this year, according to his complaint, the Nanshan sub Bureau of the Shenzhen municipal market supervision bureau of Guangdong province inspected the warehouse of the Xiu Xiu network, found 223 pairs of infringing products that were not sold, and sold the sales records of the products sold under the control of the show. The case is under investigation and handling.