Children'S Shoes Printed "Pleasant Goat" To Provoke Copyright Lawsuit

The copyright owner of the animated cartoon sues Taizhou shoe company for infringement of copyright and claims 50 thousand yuan.

The case was heard in the second instance of the central court yesterday.

With the animated cartoon of "pleasant goat and grey wolf",

First instance: reject original request

In the court hearing, the court sealed off the commodities sealed by the notary office. The two children's shoes had similar cartoon images and "ZHONGFA" logo similar to "pleasant goat" and "beautiful goat" respectively. The shoe heel also had the "ZHONGFA" logo, while the shoebox had "Tian Zhong" series of children's shoes and "TIANZHONG", and the name of the defendant's shoe industry was marked.

In addition, in September 15, 2010, good neighbor department stores also issued a statement saying that due to carelessness of the staff, a pair of children's shoes marked with "ZHONGFA" were put in the shoe boxes with "TIANZHONG" logo.

The court held that in view of the fact that a good neighbor department store was a seller of infringing products, it should have a clear understanding of the source of the infringing product. Although the plaintiff's original power company did not recognize the certificate issued by a good neighbor department store, it agreed that a good neighbor department store would be the party concerned in the trial because of having reached a settlement with the good neighbor department store.

The court held that the plaintiff's original power company was the copyright owner of "pleasant goat" and "big wolf", but failed to submit evidence to prove that the defendant had produced the children's shoes that infringe upon his cartoon image copyright. He should bear the consequences of inproving the evidence, and then made a first instance judgment: dismissing all the plaintiff's claim.

Second instance: defendant did not appear in court

The original power company appealed against the first instance and appealed to the city intermediate people's court.

In court yesterday, they said that the company bought a pair of children's shoes in violation of the above regulations in January 3, 2010 and was notarized.

On the children's shoes, the cartoon images of "pleasant goat" and "beautiful sheep" were used. The children's shoes and "TIANZHONG" words on the packaging were printed on the package, and the name of the shoe industry was marked, which proved that the footwear industry in heaven had committed infringement.

The original power company also said that they had verified from the business department that the good neighbor department store was cancelled in the business sector in May 12, 2010, so they doubted the authenticity of the instructions issued by the department store in September 15, 2010.

Yesterday, no one appeared in the shoe industry.

The judge said that before the trial, the company said that due to the long distance and the high cost, the court had to give up the court.

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Plaintiff: claim loss 50 thousand yuan.

Defendant: department store should be responsible.

The plaintiff's original power company claims that the long intellectual fun animated cartoon "pleasant goat and grey wolf" has been continuously popular in many provinces and cities throughout the country for many years, and has won many awards. The animated cartoon is made and distributed by the company. They are the copyright owner of the animated cartoon and its related works, enjoy complete copyright and register the cartoon images of "pleasant goat" and "big wolf" in the work.

They believe that Taizhou Tianzhong shoes industry Co., Ltd. (hereinafter referred to as "Tian Zhong shoes industry") has produced large quantities without permission, and has used the cartoon images of "pleasant goat and grey wolf" to sell the children's shoes sold in good neighborhood department stores located in Luohu District Road, Shenzhen. It has seriously infringed the copyright of the original power company and caused huge economic losses to them.

To this end, the company took the shoe industry to court and requested the court to order the other party to stop the infringing act immediately, immediately stop producing and selling products infringing its copyright, and compensate the economic loss of 50 thousand yuan and bear the cost of litigation.

In court, the original power company showed evidence that in January 3, 2010, the original power company bought a pair of children's shoes in a good neighborhood department store. A good neighbor's department store issued a computer ticket and invoice. The notary supervised the purchase process, photographed and sealed the purchased items, and issued a notarization.

And the shoe industry in heaven has another claim for children's shoes infringement. They say their company does not produce the infringing product, and the actual infringer is a good neighbor department store in Luohu District's red Gui Road. They request the court to dismiss the plaintiff's prosecution.