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The Shoes Used Three Bars To Compensate 300 Thousand.

2008/8/8 11:16:00 9

In many shopping malls and sections in Yantai, Adidas has set up exclusive stores, but there are still some infringing products in some wholesale markets.

This year, the staff of Adidas Limited (hereinafter referred to as the ADI company) found in a supermarket in Yantai that there were "three bars" printed on a pair of sneakers produced by a shoe factory in Fujian Province, which is very similar to the trademark "three bars" registered by Adi company. ADI believes that this infringes its trademark exclusive right, so the supermarket and Fujian shoe factory will sue the court.

Recently, the court decided that the two defendants should pay 300 thousand yuan.

ADI company

"Three bars" belong to me.

According to the court investigators, this year, ADI company full-time anti-counterfeiting personnel found that on a shoe supermarket in a supermarket in Yantai, there were obvious "three bar" signs on the shoe upper of a variety of shoes produced by a shoe manufacturer in Fujian, Nanan, which is very similar to the trademark "three bars" registered by Adi company. After verification, supermarkets and Fujian manufacturers did not get permission.

ADI believes that the shoe factory in Fujian counterfeit Adidas trademark and the supermarket sells counterfeit products, and the two parties constitute trademark infringement, so that they will sue the Yantai intermediate people's court.

In the trial, the plaintiff believed that the ADI company is the world famous sports goods design manufacturer, the commodity covered the sports shoes, the clothing and so on.

Since the debut of the first pair of sneakers years ago, the "ADIDAS" brand and brand influence has spread all over the world.

In addition to the "ADIDAS" trademark, ADI has also obtained twenty-fifth trademark registration such as "1485570th, 1493353rd bars" and "three bars" in China, so the company has a legal exclusive right to register "three bars".

In the court, the plaintiff, ADI, insisted that as a shoe manufacturer, the shoe factory in Fujian should be aware of the "three bars" exclusive ADI company. Without the plaintiff's legal authorization, the shoe factory still spiteful production and sale of sports shoes with "three bars".

Another defendant, a supermarket in Yantai, knew that sports shoes were not produced by plaintiffs, but they were still stocking up for sale.

Obviously, the actions of the two defendants have disrupted the market order and misled the relevant consumers.

At the request of ADI company, supermarkets and manufacturers immediately stopped infringement and eliminated the impact, and claimed 300 thousand yuan.

Yantai middle court

False "Li Kui" compensation is really "Li Kui" 300 thousand yuan.

When the court heard the case, the defendant did not appear in a shoe factory in Fujian. Another defendant, a supermarket in Yantai, argued that the "three bars" on the shoes sold were decorative strips instead of trademarks. The trademark registered with Adidas company is visually different from each other and does not constitute infringement.

The court found that the State Administration for Industry and Commerce issued many trademark registration certificates to the ADI company in 2000 on the "three bars" logo, which is still in the validity period.

The defendant's side product of the accused infringing product produced by a shoe factory in Fujian also had three bars tilted to the front of the shoe, which was the same as the registered trademark of 3938968 and G730835 registered by the company, and infringed the exclusive right of registered trademark of the company.

A supermarket and a shoe factory in Fujian signed a purchase and sale contract in June 25, 2007, and sold 46 pairs of accused products. They failed to fulfill their reasonable examination obligations, and should also bear corresponding civil liability for compensation.

Recently, the Yantai intermediate people's court made a decision in accordance with the law, demanded that supermarkets and shoe factories immediately stop infringement and eliminate the impact. The shoe factory in Fujian compensated the economic loss of ADI company by 290 thousand yuan, and the supermarket compensation for economic losses of 10 thousand yuan.