The Real Name Brand Of Clothing Industry Has Been Hurt.

In recent years, the clothing industry " Brand name The phenomenon is common. Initially, it was a naked rush to copy and copy the original brand names of foreign countries. Later, the measures were relatively concealed, such as minor changes on the basis of the original trademark, but the ultimate goal was to let consumers produce brand associations or even misunderstand them.

Recently, the world famous female underwear brand "the secret of Vitoria" complained about the first instance of trademark infringement and unfair competition dispute of Cci Capital Ltd Shanghai, and became a hot topic in the intellectual property field. For this reason, I interviewed relevant experts, and explained many cases of famous brands in clothing industry.

　　 Fake name cards disturb genuine brand names.

"Woodpeckers" countless, "Red Dragonfly" flying all over the sky, "Fox" lined up to run, "crocodile" kind of more... In recent years, "near brand" is a common phenomenon in the clothing industry, but there are only one real Woodpecker and red dragonfly in the clothing industry.

In a small shop in a commercial street in Beijing, I saw clothes with all kinds of crocodile patterns on it. The crocodile mouths on the top were left facing, right facing and still like salamanders. Their origins were France, Singapore and Hongkong, and their English names were different, but businesses called them "crocodiles". This makes it easy to think of the famous French brand "crocodile LA-COSTE", and consumers who are unaware of the truth are easily misled.

A brand name is like a cancer that engulf the reputation of brand goods, confusing consumers' audio-visual activities and disrupting the economic order of the market. The author was informed that Gu Qiao Gu Xi registered a series of "GUCCI" trademarks, approved to use twenty-fifth categories of clothing, boots, shoes and other commodities, the trademark is currently in the validity period. In May 2010, Chaoyang Public Security Bureau in Beijing seized some counterfeit goods with "GUCCI" trademark on the 5 floor shop in Xiushui Street market. In August of that year, Gu Qiao Gu Xi company sent a letter to Xiushui Street market company and Xiushui Street Real Estate Company, demanded to stop relevant tort in time. In November 2010, the company's clients once again bought part of the infringing goods at the same shop. This case has gone through a long period of appeals. This year, the Beijing Higher People's court made a final judgment on the case, ordered the Xiushui Street market company to stop infringing on the exclusive right of the registered trademark of Gu Qiao Gu Xi, and compensated the economic loss of 13 thousand yuan and the reasonable cost of 7000 yuan.

Coincidentally, recently, the world famous women underwear brand " Victoria's Secret The owner of Vitoria's secret store brand management company (hereinafter referred to as "Wei Mi") complained to the Shanghai Max Cci Capital Ltd (trademark company) for trademark infringement and unfair competition dispute.

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Underwear brand "Vitoria's Secret", founded in 1970s, has been well liked by women all over the world. The company has registered "VICTORIASSECRET", "Vitoria's Secret" trademark and service mark respectively. Without authorization, the company has used the logo "VICTORI-ASSECRET" prominently in many occasions such as shop signs, staff badges and underwear fashion exhibitions. In addition, in the Chinese women's clothing network, Sina micro-blog, WeChat and other network platforms, the company also called it "Wei Mi China operations Corporation", "China headquarters", and carried out franchise sales activities.

Finally, the first intermediate people's Court of Shanghai ordered the company to stop the unfair competition of trademark infringement and false propaganda, and to compensate the company's economic losses of 500 thousand yuan.

Identify counterfeit signs, be careful of being deceived.

"Valentino family", "Valentino Bai Bai", "Giovani Valentino"... In fact, these brands have nothing to do with Valentino, the world's top brand. But their graphic trademarks are meticulously handled in detail, making it difficult for consumers to argue true or false. So how can consumers avoid buying "brand name" goods?

Shen Chunxiang, a partner of Beijing Yongxin Chi Cai law firm, told me that the phenomenon of "parting famous brand" is very complicated. Some of them are famous trademarks copied and copied by others. Some of them are unfair use of these well-known trademarks as other commercial signs, resulting in confusion among consumers. If consumers want to distinguish authenticity from trademarks, they need to seriously check the specific marks of trademarks, as well as color, typesetting, packaging and other surface information. At the same time, the clothing prices of well-known brands are relatively high, and generally have anti-counterfeiting labels. Consumers can identify the authenticity of goods by identifying identification labels.

In addition, Shen Chunxiang believes that commodity prices, sales channels, producers of goods, origin, agents and other information can help consumers more comprehensive identification of commodity information. Generally speaking, the products of regular well-known trademarks are well packaged, and the information of producers, origin, agents and so on will also be displayed on commodities.

Bad businesses often use "brand names" to seek illegal profits, while consumers are " Famous brand We should not worship blindly. Wu Xinhua, a lawyer of Wei Heng law firm in Beijing, told the author that there are many forms of behavior of "parting famous brand". In recent years, law enforcement agencies have stepped up the crackdown on counterfeiting trademarks, and some illegal operators have changed from "registered trademark" to "edge ball" in order to evade criminal investigation. For example, we should make some changes in the characters, graphics, colors and permutations and combinations of well-known trademarks in other countries, in order to achieve the purpose of resembling non image and false truth. There are also some trademark hunters in order to get on the international famous brands, forge the brand foreign background, make use of the characteristics that Hongkong registered companies have very free names, name the internationally famous trademarks as the company names, and then make misleading use in the mainland.

Wu Xinhua said that the newly amended trademark law has already stipulated that "use the registered trademarks of others and unregistered well-known trademarks as the names of the names of enterprises, mislead the public and constitute unfair competition activities, and shall be dealt with according to the anti unfair competition law." As consumers, on the one hand, we should set up the concept of rational consumption, not blindly pursue Chongyang brand; on the other hand, we should pay attention to collecting and understanding the information about brands, improve the ability to identify, and also choose shopping channels, try to buy them in regular stores and brand exclusive stores, do not have the mentality of covet cheap, and buy the so-called brand goods which are obviously lower than the market price through informal channels.

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　　 Using legal weapons to safeguard legitimate rights and interests

Most famous brands pay more attention to the protection of trademarks, but sometimes the cost of actual rights protection is relatively high, and some enterprises are also powerless. Especially when it comes to the controversial behavior of "edge ball", many enterprises are helpless because of the difficulty of obtaining evidence and identification, facing the OEM, licensing or even counterfeiting of illegal businesses.

Brand imitation is a difficult problem. How should enterprises better use legal weapons to safeguard their legitimate rights and interests? For this reason, Shen Chun Xiang said that trademark rights holders could strengthen the monitoring and investigation of the phenomenon of "brand name" on the market when the well-known brands were maliciously imitated, and once the infringement was discovered, corresponding legal measures should be taken in time to stop them. At the same time, enterprises should establish timely and unimpeded channels for consumer complaints, and promptly investigate the sellers and producers of the counterfeit and inferior products that were complained, and take timely legal measures to constitute violations.

"Enterprises should also strengthen the control over the sales channels and sellers of products, and sign agreements with other sellers to sign more stringent trademark rights and other intellectual property rights agreements, so as to prevent some unscrupulous sellers from making use of the convenience of business contacts with the obligee, producing and selling counterfeit goods." Shen Chunxiang said.

In this regard, Wu Xinhua believes that the creation, application, management and protection of intellectual property rights is a matter of vital importance to the survival and development of enterprises. A conditional enterprise shall set up a specialized intellectual property management institution as a front line Department of the enterprise to participate in the business decision making. Enterprises should also specializes in hiring and training professional intellectual property attorneys, or, according to circumstances, to hire highly qualified and reputable intellectual property lawyers as enterprise intellectual property advisers.