Haizhu Courts Enforce &Nbsp; French Trademark Infringement Of Famous Brand Names.

Judgment stops infringement compensation 40 thousand

Bonet's Co., Ltd. is a French company running Montagut brand. In 1995, Montagut's trademark pattern flower figure and Montagut trademark were approved and registered in China.

The trademark is a small red flower with green leaves. It has a high reputation in China and is recognized as a well-known trademark by the State Administration for Industry and commerce.

At the beginning of 2009, Bonet's severhorn Co., Ltd. hired several lawyers to make an unannounced visit to the "up and down nine pedestrian streets" in Liwan District, Guangzhou. It was discovered that 103 of "Shifu Road" fashion shop sold a lot of trademark logo similar to "Montagut" flower pattern on its sales clothing products.

In March 2, 2009, the staff of Montagut Esprit Far East Limited, accompanied by notaries, came to everyone's fashion shop and bought three items of clothing, socks and so on in the name of ordinary consumers.

The three products are Montagut's "green leaf safflower" trademark, and there are "MINGLICHENG", "MONTAGUT", "PARIS" and other characters on the tag.

Subsequently, Bonet's severhorn company filed a lawsuit against the Haizhuqu District court of Guangzhou, accusing everyone of the fashion shop of infringing trademark rights and unfair competition.

According to the court of Haizhu, the "flower graphics" of the people's fashion shop is compared with the "Montagut", which consists of a hollow flower with five petals, a leaf on the lower left side and two leaves on the right side. Both the visual effect is basically the same, and the flower pattern is suddenly used. As a trademark recognition part, it is enough to cause the misrecognition of the consumers concerned, so that it constitutes a trademark infringement.

In December of last year, the court of Haizhuqu District made a first instance decision. The fashion shop should stop infringing on the exclusive right to use the registered trademark of flower figure and stop the unfair competition against the plaintiff. The court also judged the fashion shop to compensate the plaintiff for 40 thousand yuan.

After the decision came into effect, the boutique did not execute and continued to sell counterfeit Montagut products.

In April 28th this year, the Haizhuqu District court forced the removal of trademark infringement and other infringement marks.

In June 12th this year, the case was closed.

Though Shanzhai is not cheap.

In September 4th this year, Bonet's severhorn company reflected to the court of Haizhuqu District that the flowers that had been picked up after everyone's fashion shop had been put up again, and the fashion store's old skills were being applied again, and they were selling clothes, shoes and socks with infringing trademarks.

The court found that it was true after investigation and decided to take measures to the fashion shop.

Yesterday afternoon, the court staff came to everyone's fashion shop.

On the lintel of the fashion shop, there is a trademark of "green leaf red flower", which is open for business.

There are plenty of fake trademarks in the store: the logo on the wall, clothes, clothes rack, fitting room and so on.

On the cash register, there is still a "franchise" certificate.

There is still a flower pattern on it, and it says, "MING LICHEN G dress franchise" authorized your company (store) as the regional clothing dealer of the company's brand.

The certificate reads: "trademark holder: France Montagut International Investment Group Co., Ltd.".

The clothing in the shop is expensive, although the word "preferential sale" is written, many clothes are sold for 298 yuan.

A woman surnamed Chen claimed to be the head of the fashion shop, but the court said she was actually the operator of the fashion shop.

The court asked the boutique to shut down and asked Chen to cut all the infringing trademarks on the clothes.

Court officials said they would also notify the trade and Industry Bureau to investigate and deal with the garments.

After the court obtained evidence, the judge read out detention notice to Chen, and decided to detain her for 15 days.

Chen, who has been cooperating with him, cried in the face of sudden and severe punishment. He could not retreat from the ground for two steps on the shelf.

The bailiff is going to put handcuffs on her. Chen is crying not to wear handcuffs, and he has knocked down two pieces of glass plates on the shelf.

Finally, Chen asked to cover his handcuffs with clothes and escorted them to detention houses under the escort of the bailiff.