LV'S First Trademark "Rights War" Requires Nearly 3 Million 300 Thousand Claims.

< p > recently, Louis Weedon, a well-known luxury goods enterprise (LV), filed a lawsuit against the Ningbo intermediate people's Court of Zhejiang Province on the basis of trademark infringement, and filed a lawsuit against Ningbo Haishu District Town God's Temple Shopping Plaza Management and Management Co., Ltd. (Ningbo Ningbo commercial pedestrian street market operator and operator), Ningbo Lai di Denton business limited company (the operator and operator of the Ningbo Lai Di Fashion Plaza) and the 6 owners in the two shopping plaza, claiming nearly 3 million 300 thousand yuan.

It is reported that LV is the first to launch a "rights war" in Zhejiang after carrying out litigation rights in Beijing, Shanghai and Guangdong.

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"P > < a href=" http://sjfzxm.com/news/index_x.asp "> LV < /a > the company sued that they paid attention to the two shopping plaza of Town God's Temple commercial pedestrian street in Ningbo Tianyi business circle and Ningbo EGO Lai Di Fashion Plaza as early as 7 and August in 2013. In July 31st of that year, the agent of LV company bought notarized plaintiff's registered trademark with the 10 stalls in Town God's Temple commercial pedestrian street market, selling price from 65 yuan belt to 278 yuan purse.

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In September 5th and September 10th of September 5th, P sent a warning letter to the market. After receiving the letter, the company sent effective measures to stop the selling behavior of the merchants, and carried out a thorough inspection in the market, and thoroughly investigated and dealt with other merchants selling counterfeit LV products, so as to ensure that the market no longer exists in any form of infringement.

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< p > however, such warnings did not work. In December 5th of that year, LV's agents once again purchased from the 11 stalls of the commercial pedestrian street market in Town God's Temple the goods of counterfeit plaintiffs involved in registered trademarks (including 7 repeat sale stalls), of which 4 duplicated vendors were prosecuted separately.

In May 5, 2014, LV sent a warning letter to the market again, requiring market managers to effectively stop the selling behavior of merchants in the market, and take active measures to avoid the recurrence of selling behavior.

In June 6, 2014, LV's agent purchased third counterfeit plaintiffs' registered trademark products (including 4 repeat sale stalls) from 6 stalls in the market.

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< p > for another Ningbo EGO Lai Di Fashion Plaza, the agent of LV also purchased the counterfeit plaintiff's registered trademark goods from more than 10 stalls. After sending the warning letter to the management of the square two times, it still purchased third counterfeit plaintiff's registered trademark products (including 2 repeat sale stalls) from 4 stalls in the square third times in June 6, 2014.

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< p > LV believes that in accordance with relevant laws and regulations, the act of a merchant violates the company's exclusive right to use a registered trademark, and shall bear civil liability for stopping infringement and compensation for losses.

The State Council's opinions on further cracking down on the infringement of intellectual property rights and the manufacture and sale of fake and shoddy commodities clearly stipulate: "crack down on infringement and counterfeiting and shoddy behavior.

The market initiator should bear corresponding management responsibilities, guide and urge the merchants to standardize the operation, that is, the market initiator is obliged to fulfill the management responsibilities mentioned above, and actively take effective measures to stop the related violations.

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< p > LV believes that there are persistent, repetitive and habitual violations of business.

Ningbo Town God's Temple commercial pedestrian street market, Ningbo EGO Lai Di Fashion Plaza, as the market participants, managers and managers are reluctant to fulfill their management responsibilities, providing convenience and help for direct infringement of merchants. They should be jointly and severally liable for business torts and businesses.

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< p > whether the two market managers should bear joint liability and assume liability for compensation alone. The reporter consulted Fu Lingzhi and lawyer of Zhejiang and Yi Guan Da law firm. He said that the counterfeit luxury brands in some markets in Ningbo are not limited to LV, such as Gucci[micro-blog], Prada, Chanel and so on. There are many counterfeit brands. According to the trademark law, merchants not only sell goods that infringe on the exclusive rights of registered trademarks, but also need to bear the responsibility of stopping the infringement and compensation for losses. If the manager of the market is willing to infringe upon the exclusive right of others to provide convenience for others, he also needs to take corresponding legal responsibilities to help others to infringe the exclusive right of trademark.

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< p > it is reported that the case will be opened for trial.

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