The New Balance Infringement Case Was Successful, And The End Of The New Bai Lun Arrived.
Recently, we are familiar with New Balance sports shoes to prosecute the new Bai Lun Limited by Share Ltd case in Jinjiang, Fujian. The reason for the prosecution is the trademark infringement and unfair competition disputes, which will usher in the first instance judgment.
The intermediate people's Court of Nanjing made a first instance judgment. The court held that the defendant Fujian Xin Bai Lun company constituted trademark infringement, and should immediately stop infringement and compensate New Balance for its economic losses of 3 million yuan and a reasonable expenditure of 550 thousand yuan.
Putian: see clearly! I can't carry the pot this time!
It is said that the new Bai Lun company in Jinjiang, Fujian is also painstaking in its infringement. Not to mention the name of the new brun company and the crash of the new brand, the brand name usually used to publicize and sell is directly "NIUBANLUNSI".
Is it unknown? The Chinese phonetic alphabet is used by my primary school cousin to memorize English words.
There are more than miraculous things.
As we all know, the "N" on New Balance shoes is basically the same as LOGO, and the search for 574, 580, 997 and 999 is obvious "N" centered.
NIUBANLUNSI is very spiritual, you are hollow, then I change to solid, plus a few small letters difficult to find as embellishment. Small details, little details!
Therefore, the new Bai Lun Limited by Share Ltd compensation for the 3 million 550 thousand yuan is not wrong.
But this is just a small milestone on the way of New Balance rights protection.
01
New Balance decided to quit the Chinese market
You didn't read it wrong. It's a real story.
New Balance, founded in 1906, has entered the Chinese market in 90s of last century. At that time, the translation of "New York" was used.
At the beginning of the entry into the Chinese market, New Balance used agents in the mainland of China, but later the agents privately expanded their production and produced a large number of sneakers with poor quality, exceptionally cheap and printed "N".
New Balance, which suffered huge losses, cancelled the exclusive agency of the company and withdrew from the mainland market.
At that time, 2002.
02
New Balance returns to China market
But he was asked to pay 98 million.
In 2003, New Balance returned to mainland China and set up a new company in 2006.
Later, New Balance was sued by a private company in Guangdong for prosecution, because of trademark infringement. The original "Bai Lun" trademark was registered in China as early as 1996.
The registered trademark of "Bai Lun" was registered in 1996, and the registered trademark of "new hundred Lun" was registered in 2008.
The plaintiff sued for New Balance to stop infringement immediately, eliminate the impact, and compensate for the loss of 98 million yuan.
Finally, the court decided that the New Balance would be fined 5 million yuan and that the "new hundred Lun" trademark could not be used in the future. Therefore, the products of New Balance do not have any Chinese translations in China.
03
New Balance litigation success
Compensable 10 million
In 2017, New Balance finally won a trademark rights protection lawsuit in China.
In one case, the court ordered the defendant to compensate New Balance 1 million 500 thousand US dollars, about 10 million yuan, and destroy all infringing products.
This is the trademark infringement case that the foreign capital enterprise has the largest amount of compensation in China at that time.
The defendant company manufactures shoes in the name of New Boom in China, and then uses its "N" LOGO.
Mix the spurious with the genuine.
In fact, all the "New generation" are separated from the full text of bin Tsai. We estimate that the number of similar infringement cases is very large. That is the fact:
Outside New Boom, New Barlun, New BailunLP... Are all porcelain brands on the market, maybe one is downstairs.
In fact, there are many similar legal Shanzhai.
The most typical ones are "Samsung Supreme" and "Shanghai Fxxking Rabbits".
Foreign brands enter the domestic market, often because of legal differences, trademark registration and use will be "offensive" to the cottage brand, obviously they are the real brand, but can not be justified.
How hard is the way to register foreign brands? English brands need to be registered, Chinese translations should be registered, Chinese phonetic alphabet should be registered, and the final logo logo should be registered.
This New Balance's path to rights protection is gaining more success. I believe it is a trend that even a large number of consumers want to see.
After all, we have already had enough of this "free riding" malice.
Source: 1626 trend selection
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