Hundred Round Pants Industry False Disclosure Concealed Two Lawsuits

In November 18th,

According to the survey, the hundred round trousers industry, which has already begun to offer shares, has conceal the important matter of trademark litigation and is suspected of false information disclosure.

We can see that the risk factors disclosed in the 100 round trousers industry prospectus will be one of the most important risks in the infringement of registered trademarks, and think: "the products of the company belong to the daily consumer goods. The well-known brands and trademarks are the important factors that affect the consumers' purchase choices. It is very important for the company's marketing and competitive advantages. For this reason, the company has registered and protected the" 100 round trousers industry "and the 188 trademarks which are closely related to the 100 yuan characters, so as to protect the brand image and prevent the occurrence of the registered trademark infringement.

However, in April 2010, the judgment No. 1423 of the first intermediate people's Court of Beijing not only made us see that the company's protection measures for registered trademarks were helpful, but also opened up a case that we had been hiding for many years.

The cause is a registered trademark of "100 Yuan Li".

In September 2002, Wang Fangyun, a natural person, applied for registration with the Trademark Office of the State Administration for Industry and commerce, and the trademark was approved in February 2004.

After that, 100 yuan company applied for objection to the trademark. In 2008, the State Trademark Office No. 6200th ruled that it did not constitute an approximate trademark with "100 yuan" trademark, and "100 Yuan Li" was approved for registration.

In response to the ruling of the Trademark Office, 100 yuan company filed an objection review application with the Trademark Review and Adjudication Board in September 2008.

In February 2010, the 4154 judge of the commercial jury decided that the original ruling on "trademark of baiyuanli" was maintained.

In April 2010, the hundred round trousers industry was still regarded as the plaintiff, and the SAIC judges were brought to court.

The focus of the dispute is on whether the trademark has become a well-known trademark.

The thirteenth provision of the trademark law stipulates: "the trademark that applies for registration on the same or similar commodities is a well-known trademark that duplicated, imitated or plated other people's registered trademarks without being registered in China, which easily leads to confusion, and does not register and prohibit the use.

A trademark that applies for registration on a different or similar commodity is a copy of the well-known trademark, which is copied, copied or duplicated, which has been registered in China. It misleads the public and causes the interests of the registered trademark of the well-known trademark to be damaged. It shall not be registered and prohibited.

In December 22, 2010, the court of first instance of Beijing made a decision. The court held that the comprehensive evidence on other cases could not prove that the trademark of 100 yuan company has reached a well-known level. Therefore, the use or registration of the objection trademark is not the case referred to in the thirteenth article of the trademark law.

However, some of the plaintiffs supported the lawsuit, which required the judges to make a ruling again.

Actually, this is not the first such lawsuit of 100 yuan.

On the third day when the hundred circle trousers industry was over, the first intermediate people's Court of Beijing made a case number (2011) the administrative decision No. 720th in the first instance, which is similar to the case mentioned in 1423 above. The same is the hundred circle trousers industry as the plaintiff, the same as the business jury as the defendant, and the third one became the Beijing cube Dragon Motor Co. Ltd., and the objection trademark became "thousand round and map".

However, the result of the case is that the hundred circle trousers industry has lost the lawsuit: the first intermediate people's Court of Beijing held that the registration of the objection trademark did not violate the provisions of the twenty-eighth law of the trademark law, nor did it damage the prior rights of others.

What we should pay attention to is the number of time nodes in this case. The time for the case to be concluded is not September 19, 2011, while the pre disclosure time and the meeting time of the hundred round trousers industry on the SFC website are in September 9, 2011 and September 16, 2011 respectively.

That is to say, until the hundred circle trousers industry was over, the above 720th trademark dispute cases were not yet concluded.

However, the hundred round pants industry has filed two lawsuits in the two draft prospectus and all the disclosure materials, and has promised: "the issuer and its wholly owned subsidiary and the controlling shareholder do not have any unsettled or foreseeable major litigation, arbitration and administrative penalty cases."

Zhu Yanfeng, a financial commentator of Shenzhen TV station, said that in the absence of the conclusion of the case, the hundred circle trousers industry did not give any disclosure in the prospectus, apparently concealing important litigation matters, which was suspected of false information disclosure.

The 100 round trousers industry is listed this time, and plans to issue 16 million 670 thousand shares.

The sponsor is Everbright Securities.