Li Lang Wins Ten Years Of Brand Clothing

In the cold wave of the clothing industry today

On the other hand, Lin Dong Liang's international wine has gained a lot of prestige.

Recently, there has been new progress in the struggle for trademark ownership around "Li Lang" for more than ten years.

After the final verdict of the high people's Court of Beijing, the president of the Quanzhou famous brand research institute and the Fujian Province

Lin Dongliang, general manager of the Property Office Limited, maintains the exclusive right to register the "LILANG" trademark in the thirty-third category of liquor.

So far, Lin Dong Liang and Li Lang (China) Co., Ltd. for more than ten years of trademark dispute finally came to an end. Lin Dongliang registered more than 10 different categories of "LILANG" and "LILANG" trademarks have received judicial support.

Trademark dispute

The protracted legal battle between Lin Dongliang and Li Lang is no stranger to Quanzhou people.

In 2002, Li Lang invited Chen Daoming to be the spokesman of the image. From this point of view, "simple and simple" made the name of Li Lang crowning the world.

In March of the same year, Lin Dong Liang registered the "LILANG" which was exactly the same as that of the then lirang trademark. The company's original "LILANG" trademark was not easily spelled out by foreigners, and it was replaced by Hongkong langtao company in 2008. It was changed to "LILANZ". It was designated to use 26 kinds of clothing lace, embroidery ornaments, clothing accessories, zippers, buttons, clothing buttons, pins, Collar Collars, repairing the hot sticky footstep of the textiles, and teapot thermal sleeve products.

It was visually similar to the "Li Lang" trademark which was registered in 1992 with the twenty-fifth categories of clothing, shoes, hats, socks, neckties and gloves.

And the "Le Lang" trademark was already a famous trademark in Fujian in 1992, and Lin Dongliang himself runs an intellectual property office and serves as the president of the Quanzhou famous brand research association. His practice is controversial because of his identity.

Lin Dongliang did not stop registering a category. He also registered "LILANG" in tea, toys, cosmetics, medicine, cloth textiles, clothing lace, and so on, and the battle of defending the rights of the company was also launched.

In 2008, in May 6th of this year, Li Lang applied for the registration of "LILANZ" trademark for thirty-third kinds of liquor, cocktail and other commodities. In two months later, Lin Dongliang also applied for registration of "LILANG" for thirty-third categories.

It is worth mentioning that Lin Dong Liang took the lead in the application of the trademark challenge in July 4, 2012 and believed that the trademark office should not approve it.

The Trademark Office and the Trademark Review and Adjudication Board (hereinafter referred to as the "business jury") have made a ruling, that is, they are approved and registered by the disputed trademarks.

Lin Dongliang refused to accept the ruling and filed an administrative lawsuit with the intermediate people's Court of Beijing.

The trial of the Beijing intermediate people's court and the high court is inclined to Lin Dongliang's side and requires the business jury to re order. However, the business jury still maintains the ruling result of the "LILANZ" trademark registration of the company.

Lin Dongliang once again prosecuted, and the first and final adjudication decisions abolished the ruling of the business jury.

The differences between the judges and the court focus on whether the two trademarks constitute confusion and confuse consumers.

The judges and Li Lang companies believe that Lin Dong Liang, as the legal representative of the trademark agency, has an obvious subjective malice in applying for "LILANG", and the two trademark elements are different. The font and font are different, the call and the meaning are different, and the two do not constitute an approximate trademark.

The court held that: first, "LILANZ" and "LIANG" are all composed of 6 letters, which differ only in the letter of the tail. They are similar. Second, the company used both the enterprise name, the Chinese Trademark "Li Lang" and the "LILANZ" of the dispute in the production, advertising and trademark registration applications.

In the relevant public cognition, the concept of "LILANZ" and "Li Lang" has been formed, and it is easy to associate from "LILANZ" to "Chinese".

Thus, it leads to confusion between "LILANZ" and "LILANG".

Finally, the Beijing Higher People's court dismissed the appeal of the judges and the company, and upheld the original judgment. It revoked the judges' approval of the "LILANZ" registration for the thirty-third categories of liquor and other commodities.

Refuse to buy

"This lawsuit has been taking too long."

Lin Dongliang sighed with emotion.

In the past twelve years, in order to break through the obstruction of the company, Lin Dong Liang has gone from the Trademark Office to the court, and has been in the process of adjudication and administrative litigation.

During the tug of war, Li Lang successfully created the brand by Chen Daoming and CCTV advertising, and smoothly entered the capital market. He made positive profits in the cold wave of the clothing industry today. On the other hand, Lin Dong Liang's l'lang international wine also gained a lot of prestige under his first-hand operation.

"In fact, there are many opportunities for us to sit down and negotiate. It has taken too much energy and time to fight for so many years."

Lin Dongliang said that in addition to liquor, other categories of "Le Lang LILANG" trademarks can be considered for pfer. His practice includes justification for his defense within the scope permitted by law.

Hu Chengchu, deputy general manager of the company, insists that the company will not buy the trademark "LILANG" registered by Lin Dong Liang.

"Because trademarks and the names of enterprises are not only the signs of enterprises, but also the crystallization of wisdom.

The original mentality of malicious registration of other trademarks is to allow enterprises to buy back at a high price. We will not be fooled or compromise, otherwise we will not fight such a long lawsuit.

Hu Chengchu said, "as for the victory or defeat of the trademark war, it has no meaning. We will not make wine because of such interference, nor will we reclaim huge sums of money to buy back what we belonged to ourselves.

I believe that whoever laughs last laughs best.

Hu Chengchu said in an interview that businessmen should not only pursue profit mentality. Malicious registration of others is a kind of plagiarism without basic business ethics.

Hu Chengchu carried a stack of trademarks that were downloaded from the trademark online and hit the edge ball with "Li Lang". There were "Li wolf", "Li Lang Kai Di", "Li Lang Eagle", "Li Lang Hu" and "Li Lang long" and so on. Hu Chengchu was very helpless.

Protection of trademark awareness

Looking back on the course of the ten years of safeguarding rights, the road is far away.

In the brand city of Quanzhou, how to avoid being a brand name is not an important topic for enterprises with brand names.

"Many brands didn't have a sense of protection at the beginning of their creation. Once they encounter infringement, they have become very passive.

It was almost unthinkable that it was registered as a trademark in 1992, and it was only ten years later that it wanted to protect it.

Quanzhou Tian Nan is only general manager of Property Rights Agency Ltd., Kim Hao, said, "when registering a trademark, as long as one thousand yuan or so, many enterprises do not want to spend more money to register all the forty-five major categories. When they are infringed, their attitude is reversed, regardless of how much money they are paying."

Jin Hao introduced that some enterprises, such as Anta, had already prepared for the rainy day, and the ancestors registered forty-five major categories at one step. This forward-looking vision saves a hidden cost for safeguarding the rights of enterprises.

With the development of Quanzhou's brand overseas, Kim Hao also suggested that enterprises register trademarks abroad, so as not to go to more complicated and complicated overseas trademark rights protection.

However, Hu Chengchu, deputy general manager of the company, has different views on this. He thinks that the general enterprises are relatively weak from the beginning or from the awareness of safeguarding their rights, so it is difficult to register the whole category.

Even if we register all kinds of products, we will not be able to carry out the whole class production and operation.

If it is not used for more than three years, others may apply to the Trademark Office for revocation of the trademark.

He expects the trademark law to have more strict and perfect protection for well-known trademarks. At this year's people's Congress, Li Lang will submit motions for the definition of well-known trademarks, including the public's awareness of the trademark, the duration of the trademark's use, the duration, extent and geographical scope of any publicity work of the trademark, and the trademark as a record of the protection of well-known trademarks, so that China's intellectual property rights can be truly protected.

Lawsuit temporarily suspended