Adidas Trademark Infringement Case Concluded The Small Egg Trade Compensation Of 1 Million 200 Thousand Yuan.
Recently, the people's Court of Ouhai District, Wenzhou City, Zhejiang Province, was presiding over by Zhou Hong, President of the people's court.
Adidas
Ltd. v. Wenzhou
Little golden eggs
Trademark infringement cases of trade limited.
It is reported that the amount of compensation claimed by Adidas is as high as 3 million yuan, which is also the trademark dispute case that the company first applied for the statutory compensation limit in China.
In September 15, 2015, Adidas agents purchased three pairs of shoes under the order of a shop called "little golden eggs flagship store" in Tmall. They believed that they had infringed Adidas's (three slash trademark), the "exclusive trade mark" of "three stripes" and the "registered trademark" and so on. In May 16th this year, they were prosecuted to the Ouhai court, asking the other party to stop producing and selling the products involved in the case, and to compensate for the economic loss of 3 million yuan.
Adidas claims that the small golden egg company is the actual operator of Tmall's "small golden eggs flagship store", which violates Adidas in production and marketing.
trademark
Goods with exclusive rights.
Moreover, according to the paction records, the sales of shoes involved are unusually huge. Since the first half of 2015, more than 150 thousand double accused products have been sold, and the sales amount exceeds 10 million yuan.
After prosecution, Adidas applied to the court for property preservation and evidence preservation.
The Ouhai court immediately froze the deposit account of the small golden egg company 1 million 500 thousand yuan and the Alipay balance 1 million 500 thousand yuan, and went to the small gold egg company's business place to carry on the evidence preservation, seized the lawsuit infringing product.
In the court, the small golden egg company argues that its products and identities sold are not the same as those of Adidas. Adidas's trademark search on the Internet will not produce relevant information about its products, and will not cause consumers to misunderstand, so it does not infringe Adidas's trademark exclusive right.
It is also said that the quantity and amount of sales are inconsistent with the contents of the web page because of the existence of the order and return.
The court held that the trademark registered by Adidas Trademark Office in China was protected by Chinese law. The small gold egg company used the logo similar to the registered trademark of Adidas on the shoes involved, violating Adidas's trademark rights.
Moreover, the operation mode of the small golden egg company is online sales, involving consumers beyond the limits of geographical space, the duration of infringement is longer, and the sales volume of the infringing goods is as high as about one hundred thousand pairs.
Finally, the court of Ouhai ruled in court that Wenzhou small golden egg Trading Co., Ltd. immediately stopped infringement and compensated Adidas for its economic loss of 1 million 200 thousand yuan.
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