Puma, A Sports Shoe Company, Sued Wuhan For Its Sale Of "Leopard" Children'S Shoes.
In December 2nd, the boss of a big shopping mall contracted several special customers: they bought two pairs at the boss's counter. brand Children's shoes, issued a formal invoice. Unlike ordinary customers, these people are "Puma" lawyers. The notary then notarized it. Children's shoes Take photos and seal up your shoes. A few months later, the boss received a lawyer's letter, and the other party claimed tens of thousands of dollars on the grounds of infringement.
Kim boss told reporters yesterday: "our children's shoes have their own brands.
trademark
(Peter dragon brand), only a piece of leather on the vamp and sewed a leopard pattern. How can this be regarded as a tort? Even if it is a tort, it should be a producer rather than a seller. I only sold 2 pairs of shoes, and the claim is thirty thousand too outrageous!
These lawyers are looking for evidence from the counters of big supermarkets, because large businesses pay great attention to business reputation, and they also control the payment of counters. Once there is controversy, shopping malls can not settle accounts with dealers for several months. Many bosses have to pay extra money and avoid disaster in order to avoid extra time and economic losses.
Reporters yesterday saw that the gold boss sold the leopard print on children's shoes, and the leopard pattern with Puma logo had different flexion and head contour.
Mr Kim believes that even if they are infringed, it is unintentional. The claim amount is so high that there is no basis for it.
According to his understanding, some dealers pay to lawyers, the price can be tens of thousands or tens of thousands of dollars, lawyers finally only issued a receipt without other formal formalities, he doubts the legality of this way of safeguarding rights.
Yesterday, reporters consulted Cao Xinming, deputy director of the intellectual property research center of Zhongnan University of Economics and Law and director of the Institute of intellectual property.
Professor Cao said that the phenomenon should be highly valued by the producers and sellers, and that the exclusive right of trademark is protected by the law, and the protection of well-known trademarks (especially the international famous brands like Puma) is particularly strong.
In the process of engaging in commodity business activities, it is best for operators to use their own trademarks, decorative patterns and other marks. If they need to use others, they should respect the intellectual property rights and other legitimate rights and interests of the users.
In similar products, the well-known brand patterns as decorative patterns, there are also problems of infringement.
The dealer in this case wanted to play a "edge ball" but was suspected to infringe on the intellectual property rights of others, and the possibility is still relatively large.
Nevertheless, the claim of the other party must comply with the law, and it is unfair for the 2 pair of shoes to claim thirty thousand.
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