GUCCI Sued Huaan For Infringement

The world-famous luxury brand Italy GUCCI company (hereinafter referred to as Gucci) suffered a "trademark gate" incident in China and lost the lawsuit.

Recently, Gucci sued Wenzhou Huaan Optical Co., Ltd. (hereinafter referred to as "Huaan optics") to infringe its trademark right.

However, due to insufficient evidence, the court ruled in court, dismissed the plaintiff's claim.

In court, the dispute between the two sides focused on whether Huaan optical company has been punished by industry and commerce.

In March 11th this year, Gucci filed a lawsuit against the court. In June 2013, the Ouhai branch of the Wenzhou Administration for Industry and Commerce seized 2282 pairs of glasses produced by Huaan optical company marked "GUCCI" logo, and was seized for alleged infringement of the registered trademark of the plaintiff.

Gucci believes that the behavior of Huaan optical company has seriously infringed the exclusive right to use registered trademarks and prosecuted to the court, demanding that the other party immediately stop the infringement.

The economic loss is RMB 500 thousand yuan, and it is publicly acknowledged in the local mainstream media to dispel the impact.

On the court, Gucci provided proof of trademark registration, decision on industrial and commercial administrative coercive measures, and administrative penalty decision.

The company argued that the company had stopped production in early 2013, and no production marked "

"The identification glasses do not infringe the plaintiff's trademark rights, nor have they been punished by the Ouhai industrial and commercial bureau of Wenzhou city.

Upon application by the plaintiff, the court issued a letter of inquiry two times, and investigated and verified the relevant situation to the market supervision and Administration Bureau of Ouhai District, Wenzhou.

The court presented a reply letter from the market supervision and Administration Bureau of Ouhai District, Wenzhou, and the reply letter showed that since June 2013, no infringement case has been investigated and dealt with by the plaintiff, and no decision has been made on the administrative penalty of the Huaan optical company, nor has the relevant infringing articles been withheld.

Finally, the court held that Gucci had the right to exclusive use of the trademark for the "GUCCI" registered trademark, which should be protected by law. However, the existing evidence does not prove that the Huaan optical company has infringed the plaintiff's registered trademark since June 2013 and was investigated and dealt with by the Ouhai Industrial and commercial administration bureau of Wenzhou Municipality (now renamed Wenzhou Ouhai district market supervisory authority). The ruling dismissed Gucci's lawsuit request.

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