Hot Market Review Of Shoemaking Industry

The huge contrast between the export price of 20 yuan and the claim amount of 200 yuan.

In all 4 cases, all defendants recognized the fact that they had infringed Nike's trademark rights.

However, there are serious differences between the two parties on the critical amount of compensation.

The amount of compensation raised by the plaintiff Nike company is relatively high, of which the total compensation for 1440 pairs of sports shoes is 300 thousand yuan, with an average of more than 200 yuan per pair.

The defendant believed that the amount of Nike's claim was much higher than the profits it could obtain through export, and the infringing products were actually seized by customs, but actually did not export, nor did they generate corresponding profits, so they did not cause corresponding losses to the plaintiff.

Even if the export is successful, these shoes will only be sold for more than 2 US dollars, which is equivalent to only 20 yuan, but the plaintiff claims compensation for 10 times the export price, which is not reasonable.

In response, Nike said that a famous trademark was infringed, and its losses and profits could not be identified.

In fact, the defendant's tort may not only be once, but can be determined according to the number of Customs seized.

More importantly, the behavior of counterfeiting trademarks is subjective and malicious. The consequences of such acts involve a long time and wide spread. We must determine the amount of compensation according to the nature of the infringement, the amount involved and the reputation of the trademark.

Therefore, a pair of fake Nike trademark sports shoes, the request for compensation of 200 yuan is fully in line with the law.

How to apply the principle of statutory compensation

Chen Guangxiu, President of the intellectual property court of the Beilun court, said in an interview that in judicial practice, the trial of intellectual property cases, including trademark infringement, applies special rules both in the rules of evidence and in the determination of the amount of compensation.

But in fact, it is very difficult for many infringers to obtain benefits from infringement and the losses suffered by the trademark owners due to infringement.

Therefore, the relevant law also stipulates that the court can decide the maximum compensation of the infringer by 500 thousand yuan according to the circumstances of the infringement.

For these two different compensation principles, the plaintiff can make better choices according to the actual situation.

The four cases prosecuted by Nike company finally reached a mediation agreement under the auspices of the court. The defendant's compensation is less than the original request, but the relative amount is still relatively large.

In this regard, Chen Guangxiu made it clear that according to the relevant laws, if the court to judge these cases, the plaintiff's petition will be fully supported.

Win big profits at a small price

In recent two years, the Beilun court has handled 51 cases involving foreign intellectual property rights, all involving trademark infringement.

Besides Nike, it also includes famous trademarks such as Adidas, Bo Ma, Armani, Chanel and so on.

Analyzing the causes of disputes, except that some export enterprises lack the basic concept of intellectual property, and do not examine the legality of trademarks marked by export agents, some enterprises may not exclude the subjective malicious infringement of some enterprises.

The departments concerned admitted that the probability of trademark infringement products being seized by Customs was relatively low, so export enterprises had a game psychology. They knew that the products entrusted to export could be infringed, and they still refused to accept.

Chen Guangxiu said that this attempt to obtain illegal interests at a relatively small price is not only against the legitimate rights and interests of the famous trademarks, but also does not conform to the moral standards of the enterprises, and is not compatible with the industrial innovation policies advocated by the state, and must be dealt with according to law.

In this year's economic situation is unstable, the local sports brand enterprises "discount song" is still in progress.

Key words: private lending

From enterprises to banks, from Guarantee Corporation, pawn companies to investment companies, the "Wenzhou mode" supporting finance, which is open and semi open, has been wildly copied everywhere.

However, this kind of private lending is outside the normal system, and even the underground financial system is not a permanent solution. Sooner or later, it will become a scapegoat for overheating our economy.

[comment]:

Experts and business people generally believe that the construction of legal system for private lending must be a steady process of licensing and supervision.

And private lending involving savings deposits should be standardized by encouraging private capital to form small commercial banks or cooperative financial organizations.

In addition, by regulating private financial lending activities through law, the price of private financial market should be relaxed, and the supply and demand of financial market should be adjusted more frequently to regulate the operation of financial market.

Let private lending really go to the "sunshine" process.

Key words: foreign brands

Sports brand is a small industry with smaller market capacity and consumers' convergence. There is almost no product differentiation among domestic sporting goods companies.

In addition, Nike and other major international brands take the whole market by cutting prices. At present, enterprises are experiencing the most difficult time, and the valuation of sports goods listed companies will also be suppressed.

One industry insider spoke of the current situation of China's sports shoes and clothing market.

[comment]:

It can be seen that there is no brand difficulty in the market of sports shoes and clothing. The main problem is how to make products and how to make innovative and technological products. Therefore, only by breaking the homogeneity and local sports brands can we get out of the current development dilemma and get the confidence and capital that we can compete with internationally famous brands.

Key words: Electronic Commerce

Leisure time wandering around the big internet forums, you often see netizens talking about e-commerce. "Did you group today? Recently, you bought a pair of Nike shoes online"...

And so on, and similar words can be seen everywhere on the Internet. There is no denying that China has entered the era of e-commerce or business in twenty-first Century.

[comment]:

Therefore, the continued price reduction of upstream brands has brought some pressure to the channel.

At present, the development of e-commerce not only promotes the channel pformation of traditional brand enterprises, but also its influence is gradually infiltrating, especially for processing enterprises.

However, due to the serious high inventory, the path of the shoe enterprises' electricity supplier is rough.