Puma Claims Zhuhai Three Mall Infringement Wins

It is common practice for many shopping malls to rent counters and stalls to other distributors. However, sales of fake goods and other illegal activities still occur.

Yesterday, the "Puma" company at the same time prosecuted Zhuhai three shopping malls infringement case in Zhuhai intermediate people's court, the three shopping malls were sentenced to pay 25 thousand, 25 thousand, 20 thousand yuan.

The three shopping malls were the same defendants in court yesterday. Yesterday, the international famous brand "Puma" belongs to the German company, Rudolf Darth sporting goods, which is a sports goods company (hereinafter referred to as Puma), and filed a lawsuit against the trademark infringement case of the three major shopping malls in Zhuhai in Zhuhai intermediate people's court.

The plaintiff claims that the three defendants sold counterfeit "leopard shaped" wave shoes, sportswear, leather bags and other products with "Puma" without authorization from the plaintiff for the authorization of production or sale, and were suspected to infringe the trademark rights of the plaintiff.

The plaintiff asked the court to sentence the three defendants to stop the infringement immediately and compensate the plaintiff for 50 thousand yuan.

For this reason, the plaintiff's attorney presented in court the suspected infringing products secretly purchased in the three shopping centres before the litigation, and the relevant bills were used as vouchers.

The three defendants also said that all the stores had rented the corresponding containers to the operator to operate alone, and the shopping centres were only rented with the operators, and the relevant shopping malls said that when signing the lease agreement with the third dealers, it was clear that "during the operation period, they must abide by the law and operate, and do not make use of the sites for illegal activities". "If the lessee enters the field with fake commodities, the legal liability of the lessee shall be borne by the lessee, regardless of the market place".

Therefore, the three defendants all claimed that they did not know about the dealer's infringing products in advance. After the plaintiff had informed them, they also instructed the relevant operators to stop selling related products, so they should not assume the main responsibility, and the additional operators should be the defendants.

The plaintiff said that because the operator sold the product in the name of the invoice and computer shopping ticket in the name of the store, the business charge was also collected by the shopping mall. At the same time, the operator did not own the business qualification certificate, so the three main shopping centers were responsible for the infringement.

The three defendants were all sentenced to compensation. The court finally made a judgement. The three shopping centers were paid 25 thousand yuan by the plaintiff. The Tong Tong Plaza in Zhuhai was sentenced to pay 20 thousand yuan for selling only one infringing product.

The court held that the three defendants should be cognitively competent for an internationally renowned product. The corresponding lessee sold the counterfeit product during the operation of the shopping mall. The mall had the responsibility of ineffective supervision. Although the counterfeit products were sold by third party distributors, the three defendants could not evade the tort liability. As for the legal liabilities of the defendants and the third party distributors, they could find another legal way to solve them.