China'S Clothing Industry First Affirms No Infringement Lawsuit

Extraordinary case

China is a great manufacturing country.

Some statistics show that more than half of the world's

It is understood that it is the first case in the garment manufacturing industry to confirm the case of non infringement as a case.

Export products were detained for alleged infringement

Wuxi Ivor is a company specializing in clothing licensing processing business. Over the years, it has been entrusted with orders from South Korea's aive company and Han Heng Ji clothing Limited company.

In January 29, 2010, Wuxi aive declared that she had exported a batch of cotton trousers to pport to Korea.

In February 10, 2010, Wuxi aive suddenly received the "notification of detention of suspected infringing goods" made by Shanghai customs, saying that there was a limited company in Hongkong named crocodile shirt. It believed that the export of cotton woven ladies' jeans by Wuxi Ivor at Shanghai gaigaoqiao port customs office was suspected to infringe its exclusive right to register "CROCODILE" (registered crocodile).

According to the notification, if Wuxi AIF believes that the goods seized by customs do not infringe the exclusive rights of crocodile company's "CROCODILE" trademark, they should submit written instructions to the customs and attach relevant evidence.

At the same time, the customs asked the crocodile company to apply to the people's court to take measures to stop the infringement or property preservation before November 8, 2010, and to send the relevant notice of assistance to the people's court to the customs.

The goods will be released after customs expires.

When the crocodile company failed to submit an application to the court, the Shanghai customs then released the jeans involved.

But it is such a mess that the goods processed by Wuxi Ivor can not be exported to Korea on time, and the processing contract can not be performed normally.

Wuxi aive believes that he has not infringed. Over the years, the company has made export garments according to the agreement, and its products have been sold overseas, and no one has been sold in China.

Therefore, Wuxi Ai Fu filed a confirmation of non infringement lawsuit against the Pudong New Area people's Court of Shanghai.

Tracing the origin of licensed processing is authorized.

On the one hand, the export of Wuxi AI's exports is deducted, and a written proof should be submitted to the customs to release the product as soon as possible. On the other hand, the evidence should be actively submitted to the court.

Physical evidence is jeans.

The retained jeans and the backside stickers show "CROCODILE LADES" (plated as crocodile lady's clothing), and the tag and water mark are marked with "Crocodile and map".

The name, address and website of Hang Ji company are also listed on the tag, and the products are sold by Han Ji Ji, Korea raw materials, and China. This product is the planning of Heng Ji clothing company, and is in technology with the crocodile international agency PTE limited.

In addition, Wuxi Ivor also submitted a series of documentary evidence:

In November 30, 2009, Han Heng Ji signed a contract with South Korea's aive company. Heng Ji bought 3500 women's jeans to Ivor, and the delivery date was January 29, 2010.

In December 2, 2009, Wuxi aive signed a processing contract with South Korea's aive company, and Wuxi Ivor processed 3500 women's jeans for South Korea's Ivor company.

At the same time, Han Heng Ji issued a confirmation letter to South Korea's Ivor, and said that it commissioned the company's processing and production style to be processed and manufactured at the Wuxi Ivor company. All crocodile brand garments manufactured must be sent back to Korea and no sales can be made in China.

At the same time, authorized trademarks include "CROCODILE", "Crocodile and map" and crocodile graphic trademarks besides "Crocodile".

In addition, the authorized authorization of Wuxi aive directly from Han Heng Ji company has also been authorized by the company.

In July 23, 2010, the Singapore crocodile company issued the letter of authorization. The Han Heng Ji company signed the authorization agreement with the company in April 23, 2007. The company confirmed that the company could authorize South Korea's Ivor and Wuxi Ivor to manufacture crocodile brand clothing for women, and all the crocodile women's garments and garments made or authorized by them can only be sold in Korea.

The trademark that is authorized is the trademark and map marked by the above company.

The court's final judgment does not constitute infringement.

In the trial of the court of first instance, the crocodile company approved the registration of trademarks No. 246898th and "CROCODILE" on the 20 day of March 1996 with the approval of the State Trademark Office of China, and approved the use of commodities as twenty-fifth kinds of trousers, etc., until March 29, 2016.

Singapore crocodile company registered the "Crocodile and map" trademark in Korea in 1987, the designated commodity is trousers and so on. In 2005, it registered the "CROCODILE" character brand, valid until 2016, the designated commodity is twenty-fifth kinds of trousers.

As the goods produced by Wuxi's Ivor have been legally authorized from South Korea and not sold in China, the court of first instance ruled in March 28, 2011 that the export commodities of Wuxi's Ivor did not constitute infringement.

The defendant refused to accept the appeals company and appealed to the first intermediate people's Court of Shanghai, and put forward a reason similar to that of the court of first instance. The fact that the infringement of Wuxi's Ivory was obvious was that it had no right to make a claim for non infringement during the customs handling process; Wuxi AI had not been authorized to use the trademark involved in the case; Wuxi AI could not prove that it had not sold the goods involved in China; Wuxi AI had not authorized the use of the appellant's registered trademark on the same commodity, violating its legitimate rights and interests.

The court of second instance held that the production behavior of Wuxi Ivor belongs to the act of foreign licensed processing. The trademark used in the production of the goods is legally authorized, and it has no subjective intent or fault in infringement.

Moreover, the behavior of licensed processing of Wuxi aive company did not cause market confusion, nor did it affect and lose the crocodile company.

Accordingly, a final judgment was made in July 15, 2011: the appeal was rejected and the original judgment was upheld.