Nike Gave Up Right To Claim Compensation From Auchan

Reconciliation with two production suppliers yesterday, reporters learned from Shanghai Auchan supermarket Co., Ltd., Nike international v. Auchan trademark infringement dispute settled, Shanghai Auchan supermarket Co., Ltd. decided to withdraw the appeal request.

It is reported that the case of Nike international v. Shanghai Auchan supermarket Co., Ltd. and two manufacturers, Jinjiang dragon shoe industry and Jinjiang Conway shoes trademark infringement dispute, after the first trial, Shanghai Auchan supermarket and two manufacturers have expressed their disapproval and filed an appeal.

Prior to the hearing of the appeal case, Nike international and two suppliers reached a settlement agreement respectively. On the basis of the above agreement, the Nike international of the United States gave up the original claim that the Shanghai Auchan supermarket had the right to compensate for the economic losses.

In May 2007, Nike violated its flying Jordan graphic trademark by selling more than 200 pairs of sneakers sold in Shanghai stores. The second intermediate people's Court of Shanghai only referred to as "basketball player graphic trademark". That is, the two production suppliers, dragon step and Conway company, respectively filed a lawsuit against the two middle court of Shanghai, and listed the retailer Shanghai Auchan supermarket as a joint defendant.

In the petition, Nike asked the defendant to stop trademark infringement and make an apology. The total economic compensation for each case was 500 thousand yuan.

In August, the two intermediate people's Court of Shanghai made a first instance decision. It found that the defendant constituted a trademark infringement and supported part of Nike's claim for compensation. He decided that the company's Dragon steps, Conway and retailer Auchan were 100 thousand, 90 thousand and 160 thousand respectively.

Two manufacturers and Shanghai Auchan supermarkets appealed, but before the appeal hearing, Nike and two suppliers reached a settlement agreement.

Shanghai Auchan supermarket said it was willing to withdraw the lawsuit based on the fact that the supplier and Nike had reached a settlement, and no longer needed to assume any responsibility.

This case has aroused the interest and in-depth study of the legal profession due to the examination standard of the intellectual property rights of retailers, especially large chain retailers.

Scholars in the field of intellectual property rights have specifically incorporated this lawsuit into a case study.