Zegna Billion Claims JS: Domestic Enterprises Must Establish Awareness Of Intellectual Property Rights

< p > less than three years ago, the Guangzhou Fu Yin Trading Co., Ltd., which is mainly engaged in ZSNOI (hereinafter referred to as Jenson), is the world famous luxury menswear brand Zegna (Zegna), which is being knocked down by Zegna.

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< p > in July this year, Zegna brand operator Kang Entai Limited (hereinafter referred to as Kang Entai) filed 21 series of litigations against the dealer in Guangzhou, Guangzhou and Dalian, Changchun, Guangzhou and other places through the intermediate court of the Chinese Academy of Commerce. The amount of compensation for each prosecution was 5 million yuan, and the accumulated claims amount exceeded 100 million yuan.

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< p > due to the design dispute "/p >.

< p > reporter has learned that the above lawsuit originated from the design dispute. Kang Entai thinks that Guangzhou rich silver and its dealers have produced a series of identical or similar labels in their products and operations when they operate the "Jesse" brand, and are easy to leave the same or similar impression to the relevant public. They request the court to stop the infringement of the exclusive right to use the registered trademark of the Concord, and assume the corresponding liability for compensation.

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< p > it is reported that the Guangzhou intermediate people's court will hear the series of cases in September 2nd, and it is expected that the time will last for a week.

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< p > a person close to Guangzhou's rich bank has revealed that the case has embarked on legal procedures, and has already discussed many strategies with lawyers to disclose more information.

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< p > Liu Wenbin, lawyer of JxP and lawyer of Beijing Jia Jia law firm, pointed out that Kang Entai's lawsuit has already had some influence on Guangzhou's rich silver dealers. Guangzhou's rich bank is likely to take corresponding measures after assessing the losses.

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< p > Guangdong Sanhuan Hui Hua Law Firm lawyer Zeng told the daily economic news reporter that Kang Entai's chances of winning the lawsuit were not great if he filed a tort lawsuit based on evidence similar to the trademark.

"Reasonable trademarks should be judged more closely by the judges of the State Council.

If he believes that Jay Sheng really hurts his interests, he should give evidence of Zenga's influence in the domestic and defendant merchandise sales areas, such as well-known trademarks, famous trademarks and so on.

According to previous experience, even if the trademark is similar, if it is used for a long period of time, it is recognized by consumers and differentiated, so it will not constitute infringement. "

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P, a domestic intellectual property expert who declined to be named, told reporters that the original defendants registered their brands from the evidence submitted by both parties.

Even if the trademark is similar, if the commodity has been differentiated through years of market cultivation, the registered trademark will not infringing upon registration.

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< p > Liu Wenbin said in an interview with reporters yesterday that in recent years, many national brands may encounter the situation of trademark being registered in the development process, thus causing infringement cases.

The special point of the case is that Guangzhou's rich bank has its own registered trademark and intellectual property rights.

"Jay Sheng trademark was registered at the end of 2009, and the trademark does not constitute infringement."

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< p > yesterday (August 27th) morning, the reporter called Kang en Tai attorney, but did not receive a reply.

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< p > or just a marketing strategy < /p >

< p > reporter saw in the indictment that Zegna is the world-famous Italy luxury luxury menswear brand, founded in 1910 by ErmenegildoZegna.

In the 80s of last century, Zegna brand began to enter the Chinese market. Now it has opened more than 700 stores in the world, with annual sales volume of 1 billion 130 million euros.

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Less than P, "Jay Sheng" is inferior to its existing brand size and market capacity.

Statistics show that Guangzhou's predecessor of Fu Yin is a supplier of a target= "_blank" href= "http://www.91se91.com/" > clothing "/a" products, which is one of the main suppliers of European first-line brands.

Since April 2010, Guangzhou's rich bank was founded, and began to fight in the mainland market. It opened shop with ZSNOI as its shop name, and soon emerged in the high-end men's clothing industry.

Guangzhou's official information shows that as of now, there are more than 30 shops in the country.

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Less than P, the industry believes that the reason why Kang ente has been fighting hard for Guangzhou's rich silver is precisely because Jay seizing the opportunity for a sharp decline in the performance of luxury brands, aiming at gaining market share with quality convergence and price for the people.

Litigation is the marketing strategy of keeping the market in order to win the market.

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"P >" if the quality is quite good, but the price advantage is obvious, then the accusation of Kang en Tai is more like market behavior. "

The aforementioned professionals told reporters that in order to avoid competition among the similar enterprises in China, some foreign giants discovered tort and filed lawsuits through domestic law firms.

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< p > this person disclosed that law firms and agents can usually share most of the litigation costs, and these foreign enterprises can also retain the market which has been lost. This way of being called "business rights protection" is disgusted by the legal circle.

Therefore, even if the plaintiff wins the lawsuit, the amount of compensation awarded by the plaintiff is not high. Some of the giants' compensation for astronomical price is more to attract eyeballs.

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< p > "domestic enterprises with independent intellectual property rights need not be afraid, but have confidence and be willing to fight."

Zeng also said that the technology and design level of China's manufacturing industry is not inferior to that of the European and American countries. Domestic enterprises must establish the awareness of intellectual property rights and attach importance to brand and corporate culture. Even if we want to fight the concept of "foreign brands", we should standardize operation and avoid legal proceedings.

At the same time, enterprises should not focus their eyes on trademarks. They should promote corporate culture and establish recognition in the market.

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