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    Guangzhou Local Men'S Wear Brand ZSNOI Was Zegna Billion Yuan Claim

    2013/9/9 20:19:00 42

    Men'S Wear BrandMen'S WearBrand

    < p > recently, Italy menswear brand Zegna (Zegna) sued Guangzhou's local men's wear brand ZSNOI for a case of trademark infringement and was tried in Guangzhou intermediate people's court.

    < /p >


    Apart from the prosecution of Guangzhou fortune silver limited, the main producer of Jay brand, P Zegna brand operators will also join the JS brand dealers from all over the country, including Guangzhou friendship department store and Hangzhou Yinxi department store.

    The series of 21 cases, each claim amount of 5 million yuan, a cumulative claim of more than 100 million yuan.

    < /p >


    < p > plaintiff claims that "double Z" and other trademarks are identical to < /p >.


    P, the operator of Italy luxury brand Zegna (Zegna), has launched 21 suits against Guangzhou Fu Yin Trading Co., Ltd.

    This series of cases was held in Guangzhou intermediate people's court this week.

    Yesterday morning, the court heard 4 cases of defendant's Guangzhou Fu Yin Co., Guangzhou friendship store and Hangzhou Yinxi department store.

    In the trial, the defendants denied any infringement.

    < /p >


    < p > according to the prosecution materials, Zegna is the most famous brand in Zegna, which is registered in Switzerland.

    Since the 80s of last century, Zegna and its sub brands have entered the Chinese market. There are a series of trademarks registered in China, which mainly cover men's wear.

    Guangzhou Fu Yin Trading Co., Ltd. is a local Guangzhou enterprise founded in 2011. It mainly produces and sells men's clothing and has its own brand "Jay Sheng".

    < /p >


    < p > the company claims that in 2012, the staff of the company purchased the "a" target= "_blank" href= "http://www.91se91.com/" product of the suspected trademark infringement produced by several defendants in the friendship store in Guangzhou and Hangzhou Yinxi department store.

    These products are similar to those of Zegna brand in trademark, outer package and so on, and are suspected of trademark infringement.

    < /p >


    In the P trial, the plaintiff first issued a series of evidence that accused the defendant of plagiarizing the trademark.

    < /p >


    < p > plaintiff attorney pointed out that "Zegna" brand "double Z", "Zegna Sport" and black and white stripes trademarks are 6 registered trademarks.

    However, there are 6 registered trademarks in the JS brand, respectively, which are identical and similar to the plaintiff's trademarks.

    The plaintiffs think that this kind of all-around imitation has come to a particularly bad point.

    < /p >


    < p > court trial, the plaintiff made a cross examination of the clothes purchased in advance at the defendant dealer's office in Guangzhou Friendship Shopping Center.

    < /p >


    < p > by scene display, the clothes and trousers of JS brand are almost identical with those of the plaintiff in different positions such as bags, trouser bags, buttons and tag.

    "Apart from the size of the defendant product, there is no difference, but it is a comprehensive imitation."

    The plaintiff's attorney said that the price of the plaintiff's products is high, which lies in the fabric, design and brand awareness of the products.

    Because the plaintiff's brand added value is high, the defendant takes the method of imitation and clinging, attempting to catch the plaintiff's free ride and take the opportunity to raise his price.

    This kind of clinging to the plaintiff brought tort damage and huge economic losses to the plaintiff.

    < /p >


    < p > found that the defendant imitated 109 trademarks < /p >.


    In the trial of < p >, the chief judge summed up the case in 3 key points: whether the plaintiff's right to prosecute was founded; whether the tort was established or not, and the specific basis of the claim.

    < /p >


    The Attorney General of Jay Sheng believes that she has the right to use her own registered trademark and intellectual property. The main trademark of the plaintiff is double Z, that is, the literal Z on the left side and the Z on the right. The defendant's trademark is the arrangement of the letters Z and S. This is a creative connotations, and is the initials of the Chinese name of Mr. Zhang Sheng, the brand registrant. P

    < /p >


    "P >, the plaintiff rebutted, and further said that the Zegna brand was born in Italy in 1910. In 2010, when the plaintiff celebrated the centennial celebration, the plaintiff asked the cameraman to take many photos, which were actually used by her defendant in 2011 to set up his own brochure.

    < /p >


    < p > plaintiff lawyers claim that on the China Trademark network, search for the name of Zhang Sheng, the trademark holder of defendant ZSNOI, found that the other side applied for 109 trademarks which imitate their rights, of which 69 were rejected because of their prior rights.

    In addition to copying Zegna, the other side also mimics other well-known brands, such as imitation Prada, Adidas, Nike and other well-known brands.

    These acts fully demonstrate that the defendant has serious subjective malice.

    < /p >


    < p > for Zegna attorney's above accusation, defendant Jay Sheng did not give a positive explanation. He only responded slightly to Zhang Sheng himself, not a professional who knew trademark law, and no specific copyright.

    < /p >


    < p > court trial, the second defendant Guangzhou friendship store and the third defendant Hangzhou Yinxi Department Store Co., Ltd. all indicated that they had only sold the products of Jester brand and fulfilled the duty of examination. They are no longer involved in selling the products involved in the case, and have nothing to do with the infringement disputes in this case.

    < /p >


    < p > after a morning's trial, the court did not routinely pronouncement the sentence in court.

    < /p >


    After P trial, the reporter tried to further verify the defendant's imitation of several well-known brand trademarks. He contacted the defendant company by telephone, but the defendant did not respond.

    < /p >

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