International Brand Columbia Launches A Series Of Rights Protection Actions In Nanjing Due To Infringement Of Trademark Rights

Following LV's visit to a number of shops in Tao Tao lane, another international brand.

Sports apparel company (hereinafter referred to as the Columbia company) launched a series of rights protection actions in Nanjing because of infringement of trademark rights.

Reporters from the court website to see, up to the end of the year, the company has 31 infringement cases in Nanjing to fight.

Yesterday afternoon,

The court heard a lawsuit against a merchant and its trade city in Columbia.

In the case, the Columbia company filed a claim for compensation of $30 thousand, which is only the first case in which the company prosecuted the 8 cases of the trade city.

Businessmen say that people sell voluntarily, but they do not know this brand.

The defendant's shop owner is Huang Keming. He runs a small shop in the commercial town of Hexi, which mainly deals with the foreign trade dress list. There are not many stores, and there are no specialized warehouses. All the clothes are hung in the store.

Huang Keming was surprised when he was told by the Columbia company.

"In December last year, there was a man selling clothes at home. When I saw the quality of clothes was still good and the price was not high, I bought 6 pieces for sale in the store, but just sold 3 pieces, and for two or three days, I was prosecuted by the Columbia company. I said it was a fake."

After discovering that his brand had been infringed upon, the company of Columbia went to court together with the commercial city and asked for compensation of 30 thousand yuan.

Yesterday, in court, only Columbia lawyers participated in the trial.

Huang Keming and the representative of the commercial city participated in the trial.

The court comparison found that the 3 trademarks had the same two similarities.

The Attorney General of the Columbia company said that the sale of clothing by Huang Ke Ming infringed three trademark infringements and provided relevant notarial certificates to prove that he was the lawful holder of the trademark.

These three trademarks are formed in a group of costumes. They are two English words from Columbia and Columbia sporting goods company, and a diamond formed by 8 short lines.

In the courtroom, the Columbia company provided a brand jacket from Huang Kaiming shop, and compared it with the genuine brand in the court. "There are three trademarks on the inside of the collar, the tag and the lower left front of the infringing product. Each trademark and horizontal line of the infringing product is independent, and the clothes sold by Huang Kom Ming are linked by letters and crosses."

According to the Columbia company, the brand names on Huang Keming's clothing are identical to those of the genuine trademarks, which constitute a violation of the two trademarks.

Huang acknowledged that the other party was legally entitled to trademark rights, but felt wronged.

"I bought 6 pieces from the salesperson, and sold 3 pieces altogether. One of them was the plaintiff bought it, but he didn't know the brand at all."

He said he was merely negligent infringement.

The merchant said the profit was only 150 yuan, and the claim 30 thousand was too high.

"I bought 150 yuan and one piece, sold for 200 yuan, sold 3 pieces altogether, the profit was only 150 yuan, but let me pay 30 thousand, I think the amount is too high."

"And after I received the petition, I had already cut all 3 clothes that had not been sold and destroyed them."

When the judge inquired about the calculation basis of the 30 thousand yuan compensation of the Columbia company, the acting attorney of Columbia company indicated that there was no basis for the judge's discretion, and suggested that the trade city should bear joint and several liability for compensation because it failed to fulfill its obligations of management and supervision.

But the representative of the commercial city took out the lease agreement signed between the commercial city and the owner.

"The contract expressly requires that the lessee shall not sell goods that infringe upon other people's intellectual property rights, and the proceedings arising from disputes arising from intellectual property rights shall be borne by the lessee, and that the lessee shall be completely independent in business and there shall be no co operation with the commercial city."

The representative of the trade city said that it had only leased relations with merchants and had no knowledge of the infringement sale of the brand, and immediately issued a notice to request the infringing goods to be put off.

Therefore, there is no intention to facilitate the infringement of trademark rights, and should not be jointly and severally liable.

The case did not reach an agreement between the two mediation before the court and the court.

This is only the beginning of the Columbia company's rights protection in Nanjing. According to the information of the court website, as of November 8, 2012, there were 31 cases of trademark infringement.

Some individuals, including clothing stores, and clothing wholesale markets and shopping malls, were taken to court.