FILA And GFLA Trademark Infringement Cases Concluded FILA Awarded 8 Million 320 Thousand Yuan

COSCO shoes company immediately stopped the infringement of the exclusive right of registered trademark of Fiat company, and compensated the economic loss of Fiat company 7 million 910 thousand yuan and reasonable expenditure 410 thousand yuan, totaling 8 million 320 thousand yuan.

Recently, fiele Sports Co., Ltd. (hereinafter referred to as "Fei Le company") and Zhejiang COSCO Shoes Co., Ltd. (hereinafter referred to as COSCO shoes company), Wenzhou unique Agel Ecommerce Ltd (hereinafter referred to as a unique company), Liu and Beijing Jingdong three hundred land pick up Agel Ecommerce Ltd (hereinafter referred to as Jingdong company) between the infringement of trademark rights and unfair competition disputes, in Beijing intellectual property court second instance concluded.

The court held that COSCO shoes company and special company as the operators of similar commodities should know the popularity of the registered trademark of the company. Its production and sale of goods on the Jingdong mall, Tmall mall, Taobao mall and self operated official website revealed that the logo was similar to those involved in the trade mark, and the sales amount was huge. Its subjective malice was obvious and the circumstances of infringement were serious. The amount of compensation should be determined according to the three times the profit gained by the COSCO shoe company.

Accordingly, the court dismissed the appeal and maintained the first instance judgment, that is, COSCO shoes company and so on immediately stopped the infringement on the exclusive rights of registered trademarks of the company, and compensated the economic loss of Fiat company 7 million 910 thousand yuan and a reasonable expenditure of 410 thousand yuan, amounting to 8 million 320 thousand yuan.

Fiat trademark

"Flying music" logo

Phillips claims that the logo of "GFLA" has been designed with unique blue and red combinations in its design, and the letter has a unique combination of artistic shapes. The logo has been used for a long time as a unique packaging and decoration of the famous brand of Phillips. After that, the COSCO Footwear Company, COSCO business company and Liu Mou deliberately imitate the color and letter combination form in the outer packaging of their production and sale products, and intentionally use the "fly le" logo to mislead consumers in the product packaging, which makes it easy for consumers to confuse the source of goods, which constitutes unfair competition.

Through the statistics of Fei Le company, COSCO

The total sales volume of the company, COSCO business and Liu's infringing merchandise has reached tens of millions of yuan. According to the provisions of the sixty-third paragraph of the trademark law, the COSCO shoe company, COSCO business company and Liu should compensate Felix for a total of 9 million 410 thousand yuan.

The court held that COSCO shoe company and special company as the operators of similar commodities should know the reputation of the company's registered trademark, and its production is also in the Jingdong.

The products sold on Tmall mall, Taobao mall and self operated official website prominently use the logo similar to those involved in the trade mark, and the sales amount is huge. At the same time, the Trademark Office of the State Administration for Industry and commerce, as early as July 19, 2010, on the basis of the 7682295th "GLFA and map" trademark and the Trademark No. G691003A "FILA", rejected the 7682295th "GLFA and map" trademark in "

The registration applications for COSCO shoes and shoes, COSCO shoe companies, unique companies and Ryu are clearly aware of the "FILA" brand registered by Phil Lok.

In this case, the three party still continues to produce and sell infringing goods, its subjective malice is obvious, and the circumstances of infringement are serious. The amount of compensation should be determined according to the three times the profit gained by the COSCO shoe company.

In summary, the court of final appeal of the Beijing intellectual property court dismissed the appeals from COSCO shoes company to maintain the first instance judgment.