Case Analysis Of Shanghai Warcraft'S Dress Infringement Case

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< p > > a href= "http://sjfzxm.com/news/index_f.asp" > Shanghai Shi Hua Luo dress > /a > Co., Ltd. used a lot of commercial propaganda in the business activities such as "Shi Hua Luo" and "Shi Hua Luo". Although there are simple and complex characters, they have an impact on the market of SWAROVSKI products.

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< p > the second intermediate people's Court of Shanghai recently made a first instance judgment against the plaintiff SWAROVSKI company's lawsuit against the defendant Shanghai swarovo dress Co., Ltd., which infringed trademark rights and unfair competition disputes, and ordered the defendant Shanghai swarovo dress Co., Ltd. to stop infringement, eliminate the influence, and compensate the plaintiff SWAROVSKI joint stock company for its economic losses of 280 thousand yuan and reasonable cost 20 thousand yuan.

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SWAROVSKI P, founded in 1968, is a registered company in the Principality of Liechtenstein. It registered two trademarks of "SWAROVSKI" and "SWAROVSKI" in China.

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< p > Shanghai swarovo dress Co., Ltd. was established in August 2004. It mainly produces and manages all kinds of < a target= "_blank" href= "http://www.91se91.com/" > clothing < /a > a target= "_blank" href= "_blank" > clothing > < > >, when the company applies for registration of "Shi Hua Luo" and "Gao" trademark, it fails to use the trademark "Shi Hua Luo", "Shi Hua Luo" and "Gao" in its wedding dress products, publicity materials, website publicity, company decoration and booth decoration.

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< p > SWAROVSKI holding company believes that the behavior of Shanghai shwaro dress Co. not only infringes SWAROVSKI's exclusive right to use the registered trademark, but also expresses its false expression of the "luxurious fashion" of "swarovo crystal wedding dress", "Shi Hua Luo wedding dress and SWAROVSKI crystal will lead the wedding dress world".

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< p > the court found that, after "a href=" http://sjfzxm.com/news/index_c.asp "> SWAROVSKI < /a >, since the entry into the Chinese market in 90s of last century, the joint stock company has been widely publicized by using" SWAROVSKI "and" SWAROVSKI ", occupying considerable market share, ranking the forefront of similar commodities and enjoying a high reputation among consumers. In 2009," SWAROVSKI "and" SWAROVSKI "were also recognized as well-known trademarks by the Beijing Higher People's court and obtained judicial protection.

To this end, the court finds that "SWAROVSKI" and "SWAROVSKI" are well-known trademarks.

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< p > the court held that the Shanghai swarovo dress Co., Ltd. used a lot of "Shi Hua Luo", "Shi Hua Luo" and "SWLARO" in business activities to carry out commercial propaganda. Although there are simple and complicated characters, it has certain influence on the market of SWAROVSKI products. Therefore, it should be recognized that Shanghai swarovo dress Co., Ltd., by virtue of "Shi Hua Luo", "Shi Hua Luo" and "SWLARO", constitute trademark infringement.

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