Meng Jie Home Textile "Sleep" Trademark Dispute Trial Chen Shunze Claims 7 Million 900 Thousand Yuan

August 3rd, Changsha intermediate people's court, Hunan

The attorney for Limited by Share Ltd (hereinafter referred to as "Meng Jie home textiles") said that the graphic trademark of Meng Jie's home brand is not designed by Chen Shunze.

On the same day, plaintiff Chen Shunze complained to defendant Meng Jie.

The case of copyright ownership and tort disputes was heard in the Changsha intermediate people's court.

Chen Shunze felt "a little funny" about the above statement of the defendant's attorney, and insisted that the graphic trademark of "insomnia" brand was designed independently.

The 69 year old man called the trademark "born".

At 9 a.m. on August 3rd, the trial began.

Chen Shunze sat on the plaintiff's bench.

But his old friend, Jiang Tianwu, chairman of Meng Jie home textile, did not appear in court.

The plaintiff Chen Shunze stated in his complaint that he was commissioned by the defendant's legal representative, Jiang Tianwu, in 2002 to amend and design the "sleep" for the defendant.

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And handbags.

There was no agreement on the ownership of design fees and other rights.

After several days of conception and design, under the participation and testimony of his teacher Sheng Kesen and the printing club staff, Chen Shun TSE completed the brand design and handbag design of the "insomnia" brand, and then delivered the manuscript to Jiang Tianwu.

At the beginning of August 2003, the defendant registered the brand name of "sleeping" brand in the name of company, and registered trademark in more than 30 trademark categories successively.

Chen Shunze said that the defendant had not paid his design fees and refused to pay the design fee in many cases of negotiation.

He believed that this infringed the plaintiff's copyright and filed a suit, requesting the court to order the defendant to stop the infringement. He ordered the defendant to compensate the plaintiff for a total loss of 7 million 900 thousand yuan, and ordered the litigation costs of the case to be borne by the defendant.

Mr. Sheng Kesen, 69, is the chief designer of the Hunan exhibition hall, a senior painter of contemporary Chinese painting, and the president of the Shenzhou painting and Calligraphy Institute.

In the morning, the old man came to the court as a witness.

He likens works of art to designer children.

He said he was watching the birth of the brand logo, and acted as the "hastening" role.

"The graphic trademark of the" brand "is the" child ", which is Chen Shunze's.

In the process of Chen Shunze's creation, Sheng ksun also carried out artistic guidance.

Meng Jie attorney denied that trademark is the plaintiff's design.

However, the attorney of Meng Jie home textile denied that the graphic trademark of "insomnia" brand was Chen Shunze's design.

The lawyer of Meng Jie home textile introduced that as a company, there are dozens of designers in Meng Jie home textile, and the "graphic brand" brand is the work of Meng Jie company.

But it did not point out which trademark or which designer designed it.

Prior to that, Tu Yunhua, general manager of the "sleep" brand of Meng Jie home textile brand, said that the brand logo of "insomnia" was not designed by Chen Shunze, but designed by another Mr. Guo, who had a cooperative relationship with the company.

Tu Yunhua said that the company had paid the relevant design fees to Mr. Guo, but she could not remember the exact cost.

Chen Shunze felt "a little funny" about the above statement of the lawyer of Meng Jie home textile company.

In court, he also showed the original design of the brand logo, and elaborated his design concept and creation process.

"You (plaintiff) took a copy of this design manuscript, found several witness testimony, and then said that people (defendant) spent more than ten years of things is yours."

As for the prosecution of Meng Jie home textiles, his attorney felt it was absurd.

Chen Shunze said, "I really designed the logo."

If he loses, he will appeal.

As the case is complex, the court continued to hear the case in the afternoon of August 3rd.

We will continue to focus on the case.

Why is the claim amount of 7 million 900 thousand yuan?

Chen Shunze explained that Meng Jie home textile registered more than 34 trademark categories in the absence of paying the cost of the work.

According to the relevant regulations, the author can claim compensation of 500 thousand yuan for each trademark category, so it amounts to about 17000000 yuan.

Chen Shunze asked for half of the compensation, so he proposed a compensation of 7 million 900 thousand yuan.