Tag Clothing Similar To The Seller Can Not Provide Producers Can Only Recognize Compensation.

< p > Kaiser (China) Limited by Share Ltd is a company that mainly engaged in R & D, production and sales of < a target= "_blank" href= "http://www.91se91.com/" > clothing < /a >. Recently, Kaiser has brought a couple and a a target= "_blank" href= "target=" in Haining to the Haining court.

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< p > June 19th dispatch Kaiser (China) Limited by Share Ltd is a company mainly engaged in garment design, research, production and sales. After more than 10 years' Cultivation of brand, Kaiser has established a good brand image in China.

Recently, Kaiser brought a couple and a clothing company in Haining to the Haining court.

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< p > Kaiser company claims that Shen has opened a fur line in Haining, and the registered owner of the fur industry is shen Mou's wife Chen.

In December 24, 2013, the fur industry was complains and reported. The Haining industrial and commercial bureau has seized 175 brands of fur clothing similar to Kaiser's registered trademarks in the fur trade. These fur coats were made by a clothing company in Haining.

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< p > SHEN argued that the design of the tag was ordered by a person who acted as a trademark agent, and the design on the tag was also designed by the man.

However, Shen can not provide the person's specific identity and contact information.

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< p > the industry and Commerce Bureau found that Shen's behavior constituted a right to exclusive use of others' registered trademarks, and he decided to impose a fine of 100 thousand yuan on Shen.

Accordingly, Kaiser asked the court to order Shen, Chen and a clothing company in Haining to compensate for the economic losses of 300 thousand yuan.

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After the case was accepted, the defendants of the three defendants expressed their willingness to resolve this matter through consultation. P

Recently, through mediation by the judge, the two sides reached a conciliation agreement: the three defendants jointly compensate Kaiser for a total loss of 120 thousand yuan.

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< p > < strong > judge's statement < /strong > < /p >.

< p > the newly revised < a href= "http://www.91se91.com/news/index_q.asp > > trademark law < /a > has been formally implemented since May 1, 2014.

According to the new law, without the permission of the trademark registrant, a trademark similar to its registered trademark on the same commodity or a trademark similar to or similar to its registered trademark may easily lead to confusion, or the sale of the goods that infringe the exclusive right of the registered trademark is a violation of the exclusive right to use the registered trademark and shall bear corresponding tort liability.

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< p > however, the law stipulates that sales do not know that it is a commodity infringing on exclusive rights of registered trademarks, which proves that the goods are legally acquired and explained by the supplier, though they are still infringing, and they do not need to be liable for compensation.

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< p > in addition, < a href= "http://www.91se91.com/news/index_f.asp" > trademark > /a > right protection is also regionally, only registered in Hong Kong and Macao or overseas, but not registered in the mainland of China (except for well-known trademarks), is generally not protected by China's trademark law.

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