Who Should Be The Trademark Of The Shoe Brand "Camel"?
November 15th, known for its popularity footwear industry Brand "Camel" trademark The right infringement case was heard by the Heping District Court on the afternoon of 12 in the Cultural Creative Industry Park of No. six hospital. A clothing company took a large shopping mall in the city on the grounds of infringement of the camel trademark licensed by law, and put forward the demand for destroying the infringing product and compensation for economic losses of 30 thousand yuan.
The plaintiff, a clothing company in Foshan, claims that his company has obtained the lawful authorization of Mr. Wan, the owner of the camel trademark, to the camel.
trademark
The legal right to use is from January 21, 2006 to January 20, 2016.
The trademark enjoys a high reputation in shoes and clothing industry.
The defendant, a shopping mall in Tianjin, did not obtain the legal authorization of the plaintiff and the trademark owner, and privately set up a special counter in the jurisdiction, selling footwear products which are very similar to the camel graphic trademark of the plaintiff, which is very similar to the plaintiff's legal trademark used by the plaintiff. His behavior has caused confusion among consumers, seriously violating the trademark exclusive right of trademark owner and the legitimate right of the clothing company to use the trademark.
The plaintiff asked the emporium to stop the infringement immediately, destroy the infringing products, provide sales records, eliminate the impact, make public apologies, compensate the plaintiff for economic losses of 30 thousand yuan and bear the cost of investigation and evidence collection by 5000 yuan.
At the same time, a shoe manufacturer who has an interest in the case is Shishi.
footwear industry
A shoe and hat company in Tianjin and its agents were also listed as third.
For the plaintiff clothing company's claim, the defendant shopping mall and the three people do not recognize.
The defendant's market argued that it was only the seller, who had done a reasonable duty before selling shoes, and should not be held responsible according to the law.
The third person, a shoe and hat company in Tianjin, also proposed that as an agent of the shoe companies in Tianjin, they have done the duty of reasonable review and should not be held responsible.
The other third people, a shoe company in Shishi, believed that they won the camel brand (a circle outside the camel) in 2003. At that time, the contract signed with the trademark owner Mr. Wan was a general authorization, which should include a graphic trademark without a circle outside the camel, so it would not constitute infringement.
In view of the fact that the plaintiff's clothing company did not agree to conciliation, the judge announced that he would adjourn the court on 16 days after the court investigation, court debate and the court's final trial procedure.
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