New Brun Brand Is No Longer Regarded As A Copycat Brand Of New Balance.
New balance
The dispute over trademark rights has recently come to an end. The higher people's Court of Guangdong province (hereinafter referred to as the "Guangdong High Court") has publicly declared the new trademark dispute.
Trade
(China) Limited constitutes infringement, but the 98 million yuan compensation for the first instance was changed to 5 million yuan.
This means that the new brand is no longer regarded as the brand name of New Balance (hereinafter referred to as "NB"), but is the brand of domestic products protected by law. Meanwhile, NB also lost its Chinese name second times in the mainland.
Guangzhou intermediate people's court found that Chaoyang
Shoes and Hats
The company was allowed to register the trademark of "hundred Lun" in August 1996.
The trade mark was pferred to Zhou Lelun in April 2004.
In June 2004, Zhou llen applied for the registration of "new 100 len", and approved the registration in January 2008, and approved the use of "shoes and boots" in the twenty-fifth category.
Sportswear and other commodities.
In April 15, 2003, the US New Balance was approved to register the trademark "NEW BALANCE" on the twenty-fifth category of shoes.
New Shanghai trade (China) Co., Ltd. (hereinafter referred to as "new Bai Lun company") was set up in December 2006 in Shanghai, mainly responsible for selling "NB" sports shoes products in the mainland, and chose to use the Chinese name of "new hundred Lun" for publicity and marketing, and use the "new hundred Lun Balance Balance" logo in promotional products.
After hearing the case, the Guangdong Supreme Court confirmed that the facts identified by the court of first instance were true.
Xin Bai Lun company was established in December 27, 2006, later than Zhou Lun involved in the registration of trademark applications.
With regard to the amount of compensation, the Guangdong high court believes that consumers buy the new product of Bai Lun company, taking into account the higher reputation of "N", "NB" and "NEW BALANCE" and the good quality they contain.
The court of second instance said that in the case of the whole case, the Guangdong high court finally decided that the new Bai Lun company should compensate Zhou Lelun for the economic losses and the reasonable expenses for stopping the infringement, totaling 5 million yuan.
"New York" is the name of New Balance's entry into the mainland market in the 90s of last century. However, when New Balance entered the mainland market again in 2003, it had abandoned the name to "new hundred Lun".
The new trademark of "New York" has been snatch by New Balance's mainland manufacturer, Yangjiang union shoe company.
But I did not expect the new name to still suffer from "duplicate name".
The court found that in December 2007, the new company, the new balance company, asked the Trademark Office to reject Zhou Lelun's application for the registration of "new hundred Lun" trademark, but it was not accepted.
This shows that the new Bai Lun company is aware of the registration of trademarks of "Bai Lun" and "new hundred Lun", but still chooses to use the "new hundred Lun" propaganda.
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