"New Hundred Lun" Trademark Dispute: US Shoe Company Newbalance Lost

In June 23rd, the Guangdong Provincial Higher People's Court on 23 May "

"Trademark dispute" decision, known in the United States

The NewBalance company was defeated and was ordered to compensate Zhou Lelun, a Chinese citizen, for the economic loss of 5 million yuan. The announcement was made on the front page of the official website of the new "Bai Lun (China)", "NewBalance flagship store" and "NewBalance children's shoes flagship store".

In July 15, 2013, Chinese citizen Zhou Lelun filed a lawsuit with the intermediate people's Court of Guangzhou on the ground of infringing the exclusive rights of the registered trademark of "Bai Lun" and "new Bai Lun" and so on, and requested the two defendants to stop the infringement, and compensate the economic loss 98 million yuan respectively.

According to the court of first instance review, Chaoyang

In 1996, the company was allowed to register the trademark "Bai Lun" and pferred it to Zhou Lelun in 2004.

In 2004, Zhou Lelun applied for the registration of "new hundred Lun" trademark, which was approved and registered in 2008 and approved for use in commodities including "shoes (feet on clothing)".

In April 15, 1983, the US NewBalance company was approved to register the trademark "N" and "NB" on fifty-fourth categories of shoes. In April 15, 2003, it was approved to register the "NEWBALANCE" trademark on the twenty-fifth category of shoes.

The new company was founded in December 2006, and the US NewBalance company authorized the new brand to use the trademarks in China in November 1, 2007.

New Bai Lun company has set up the "new flagship official flagship store" in the "Tmall mall" so far, and the official website has used the words "new hundred Lun (China) official website", "NewBalance new hundred Lun" and so on.

The court of first instance ordered the new Bai Lun company to lose the lawsuit, and calculated the amount of the compensation loss by 1/2 of the total sales profit during the period of the defendant's infringement, and compensated Zhou Lelun's economic loss of 98 million yuan, and stopped the infringement and eliminated the influence.

After the first instance decision, the defendant appealed against the first instance and appealed to the higher people's Court of Guangdong province.

The second instance of the higher people's Court of Guangdong held that Zhou Lelun's registered trademark has been legal and effective so far.

The date of establishment of new Bai Lun company was later than that of Zhou Lun Lun involved in the registration of trademark, and the "new hundred Lun" logo did not enjoy the prior name of the enterprise name, the first use right of the unregistered trademark and the prior name of the well-known commodity.

Without the permission of Zhou Le Ren, the same or similar logo with the registered trademark of Zhou Lelun on the same commodity infringes Zhou Lelun's exclusive right to use registered trademarks.

However, the court made a great adjustment to the amount of compensation, and ordered the defendant to compensate Zhou Lelun for his economic losses and to pay a reasonable sum of 5 million yuan for the purpose of stopping the infringement.