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"Rooster" Triggered A Lawsuit &Nbsp; Le Kark Infringement Case Won.

2010/6/4 15:40:00 227

Infringement Case


  


  近日, Le coq sportif(樂(lè)卡克)品牌在商標(biāo)被侵權(quán)一案中取得終審勝訴。


We have been preparing for this case for four years, and at the moment we have achieved justice in a fair and strict court.

The success of this case is a landmark for our brand rights protection.


Le CoQ sportif has entered the Chinese market since 2004, and has been developing rapidly.

However, driven by interests, the market is full of counterfeit products of Le CoQ sportif brand, trying hard to imitate and confuse the genuine products of Le CoQ sportif in various aspects such as commodity type, appearance pattern, logo design and so on, and deliberately fabricate its French yuan yuan.

It has been verified that the infringers Xiamen Jinji sporting goods Co., Ltd., Shanghai Jinji sporting goods Co., Ltd. and Fujian Jinjiang mojic shoes and Garments Co., Ltd. have been using the rooster designs (infringing trademarks) similar to those of the Le CoQ sportif (Chinese name "Le Kark") in the production and sale of sportswear, trousers, T-shirts and other clothing, socks, ball caps and other packaging products since 2006.

The chicken company and Shanghai golden pheasant in the external publicity of product publicity materials, media interviews and company website (www.goldrooster.cn), deliberately emphasized the French origin of its brand, and published a large number of "French golden cock, cock French as CoQ and English rooster", which originated from the 1882 French textile merchant Camuset devoted to the development of more than 100 years of history, one of the international sports brands, from Europe and America to Japan, Taiwan, Hongkong and landing on the mainland, and other false information to confuse the public. At the same time, in the process of developing franchisees and expanding sales networks throughout the country, they used and allowed others to use infringing images to make consumers mistaken their commodity sources, and formed their erroneous cognition associated with Ningbo Le Kark dress limited company. Xiamen gold

This behavior not only seriously affects our normal business activities and brand image, but also greatly hurts the interests of the vast number of consumers.


In order to safeguard the French origin of trademark rights and interests and brand integrity, safeguard the legitimate rights and interests of consumers, after collecting a large amount of tort evidence and making adequate litigation preparation,

In June 2008, the right owner Ningbo music Kark Clothing Co., Ltd. took legal weapons and filed a lawsuit against the first intermediate people's Court of Wenzhou, and brought the three infringing companies and dealers selling infringing goods to the court.

After examination, the court found that the infringement facts were established, and finally, in accordance with the law, supported the petition of Ningbo Le Kark Garments Co., Ltd., and decided that the relevant infringers stopped the infringement and assumed the liability for tort damages.

However, the losing party appealed against the first instance decision.

On March 15, 2010, the second instance opened in the higher people's Court of Zhejiang province.

Finally, the provincial high court dismissed all appeals from the appellant to maintain the first instance decision.

So far, Ningbo music Kark Clothing Co., Ltd. has won a complete victory in this trademark infringement case.


In this regard, we express our thanks to the just and strict court. It is the fair punishment of the court that has enabled justice to be carried out. We are also determined to further expand the efforts to crack down on counterfeiting and shoddy goods, eliminate the market, make the rights of trademark owners respected and protect the rights and interests of consumers. We also appeal to consumers to take an active part in the anti-counterfeiting activities, to expose the despicable acts of counterfeiting and selling counterfeit pirates, and jointly build a fair and honest market trading environment.

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