One Shoe Manufacturer Produces Fake International Brand Shoes.
Yesterday, the judgement of a counterfeit trademark produced by the Quanzhou intermediate people's court came into effect.
Due to infringement of intellectual property rights, a shoe material company in cheddar, Jinjiang, must compensate the plaintiff for a French company of 50 thousand yuan.
According to the briefing, the French company was founded in France in 1933.
In 1933, the company registered relevant trademarks in France.
In 1980, the company applied to the China Trademark Office for registration and registered the trademark logo and related trademarks on different commodity categories. The validity period is from September 30, 1984 to September 29, 2014.
The Trademark Office of the State Administration for Industry and Commerce has included the trademark in the "national key trademark protection list" for the two time in 1999 and 2000.
In July 2007, the defendant, a shoe material company in Jinjiang, used the trademark on the sole produced by a shoe material company in Jinjiang without the permission of the plaintiff, and was investigated by the business sector. The Jinjiang company later promised that it would no longer produce products with the trademark.
In August of the same year, the shoe material company in Jinjiang once again used the trademark on the sole of its production, and the industry and commerce department again imposed administrative penalties on it.
The shoe material company in Jinjiang, under the circumstances of knowing infringement, has used a trademark more than once on its production and sale shoes, violating the exclusive right of a French company's registered trademark.
Accordingly, in the first half of this year, the French company introduced a shoe material company in Jinjiang to the Quanzhou intermediate people's court, requesting the court to order the shoe material company of Jinjiang to stop producing and selling the products that infringe the exclusive rights of a registered trademark of a French company, destroy the mould for the production of infringing products, and order the Jinjiang shoe material company to compensate the French company for its economic losses of 200 thousand yuan, including a reasonable expenditure paid by a French company to stop the infringement, and ordering the shoe material company of Jinjiang to publish notices in the relevant newspapers and magazines to eliminate its infringement.
In July this year, the Quanzhou intermediate people's Court opened the case.
The court held that the exclusive right of a registered French company to acquire registered trademarks was protected by law.
The defendant, a shoe material company in Jinjiang, has used a trademark of a French company on the sports shoes produced by a shoe material company in Jinjiang without the permission of a French company. It has constituted a violation of the exclusive right of a registered trademark of a French company.
A shoe material company in Jinjiang has again produced infringing products in a short period of time after being investigated by the industry and Commerce Department.
Therefore, in accordance with the relevant provisions of the general principles of the people's Republic of China, the Trademark Law of the People's Republic of China, and the interpretation of the Supreme People's Court on several issues applicable to the trial of Trademark Civil Disputes, the central court ruled that a shoe material company in Jinjiang should stop the infringing act immediately after the judgment came into force, that is, stop the production of infringing products; meanwhile, within ten days after the entry into force of this judgment, the plaintiff will compensate the plaintiff a French company for RMB 50 thousand yuan.
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