Shoes Red Dragonfly Lanzhou Orchid Fake Claim 800 Thousand
On the grounds of trademark infringement, 4 shoe traders who sell the words and trademarks of "Red Dragonfly" have been brought to court. "Red Dragonfly" leather shoes are well-known brands in the footwear industry, but there are many kinds of red dragonflies on the market. They belong to different places of origin and manufacturers, so consumers often do not know who is the real one.
A few days ago, Zhejiang Red Dragonfly Footwear Co., Ltd., a real trademark holder of the "Red Dragonfly" trademark, came to court with 4 wholesalers selling the words and trademarks of red dragonfly.
In October 16th, a case was heard in the Lanzhou intermediate people's court.
Zhejiang, "Red Dragonfly" Lanzhou meets "Li Gui". In April this year, the staff of Lanzhou branch of Zhejiang Red Dragonfly Footwear Co., Ltd. found a shoe label label "Hongkong Red Dragonfly" in a shopping mall in Chengguan District of Lanzhou city. The sales documents were marked with "Red Dragonfly" characters, while the dragonfly graphic trademark was also used, but the name of the production enterprise on the leather shoes packaging box was "Hongkong Red Dragonfly International Footwear Co., Ltd.".
Zhejiang Red Dragonfly Footwear Co., Ltd., which owns the registered trademark of "Red Dragonfly", believes that this has constituted infringement and unfair competition against its trademark, and sent a special person to investigate it.
They found that the shoe line is a retail wholesaler for the whole province of Gansu.
As a result, the Red Dragonfly company passed the evidence preservation after the notary office, and the shoe company and the other 3 businesses suspected of infringement at the same time were reported to the Lanzhou intermediate people's court.
Trademark infringement claims 800 thousand. Zhejiang Red Dragonfly Footwear Co., Ltd. said in its complaint that its company has registered trademark of "Red Dragonfly" and dragonfly graphic registered trademark.
The recognition function of the public, as long as the "Red Dragonfly" text is seen in the shoe industry, it is bound to first think of the shoes of Zhejiang Red Dragonfly company and the Red Dragonfly enterprise. The "Red Dragonfly" character has already formed a unique and inevitable connection with the enterprises and products. The shoe manufacturers who are listed as defendants are similar to the registered trademarks of the plaintiff in shoe products, sales documents and packaging products, using the "Hongkong Red Dragonfly", "Red Dragonfly" and the dragonfly graphic trademark. Meanwhile, the name of Hongkong Red Dragonfly International Footwear Co., Ltd. is also marked on the package, which will inevitably lead to confusion of consumers' sources of their products, causing consumers to misunderstand and purchase wrongly, thereby damaging the legitimate rights and interests of consumers and plaintiffs. These two trademarks are very strong.
Therefore, the footwear dealers are still doing wholesale sales, knowing that the Red Dragonfly company has a high reputation, which constitutes a trademark infringement.
Shoe industry Co., Ltd. asked the court to determine that the defendant's actions constituted trademark infringement according to law. The name of "Hongkong Red Dragonfly International Footwear Co., Ltd." constituted unfair competition on the leather shoes packaging. It required that the defendant be ordered to stop selling the shoes products containing the "Red Dragonfly" logo and dragonfly graphics. The Red Dragonfly characters and dragonfly graphic commercial markings should not be used on any tangible carriers in their business premises, such as the dragonfly graphic commercial markings, the compensation for Red Dragonfly company's economic losses and the related reasonable expenses for investigating the invasion behavior amounted to RMB 800 thousand yuan. Zhejiang Red Dragonfly
It is reported that when Zhejiang "Red Dragonfly" gradually occupied the market, since 2002, the phenomenon of "Hongkong Red Dragonfly", "French Red Dragonfly" and "Italy Red Dragonfly" have appeared in the whole country. The purpose is to raise the price of their products and expand the market sales with the help of the market appeal of famous brands, so as to gain profits.
However, because the quality and reputation of the "brand name" are often poor, it brings huge profits to the consumers, and brings many adverse effects to consumers.
At the same time, consumers will be deceived if they do not know the truth.
The "Red Dragonfly" is a well-known trademark in the country. Zhejiang Red Dragonfly Footwear Co., Ltd. is a well-known regional business group of leather shoes industry in China.
Its trademark, consisting of Red Dragonfly characters, Pinyin and dragonfly patterns, was approved and registered by the State Trademark Office in November 28, 1996. The registration number is 905213. The trademark has been used so far.
In 2002 and 2005, the two consecutive terms were rated as the famous trademarks of Zhejiang Province, and were recognized as well-known trademarks by the intermediate people's Court of Wenzhou and the high people's Court of Zhejiang by the judicial channels.
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