Unauthorized Use Of Adidas'S "Three Bars" Was Infringed By Shoe Companies

On January 27th, January 18th, the reporter learned from the Yantai intermediate people's Court of Shandong province (hereinafter referred to as the Yantai intermediate people's court).

It is reported that in 2007, Adidas found that Rui Bu produced and sold sports shoes with three bars logo without authorization. Sheng Jia company sold the above sports shoes. The logo on the above sports shoes is very similar to the "three bar" registered trademark.

Adidas believes that, as a shoe manufacturer, Rui step company knowingly sells the registered trademark of "three bars", but does not sell it legally without authorization, and sells sports shoes with "three bars" on the website.

While Sheng Jia knows that the above sneakers are a malicious imitation of Adidas's famous brand, it still sells goods.

Adidas believes that the actions of the two companies have disrupted the market order, misled the relevant consumers, and constituted a trademark infringement. They requested the court to order the two companies to stop immediately infringing the registered trademarks of the three bars and compensate their economic losses for a total of 400 thousand yuan.

Subsequently, the company submitted to the court a notarized evidence related to the case.

It is learnt that in addition to the "ADIDAS" trademark, Adidas also registered 1485570th, 1493353rd, 1493354th, 1493355, 3938968, G730835 trademarks of "three bars" in China, and approved the use of products covering shoes, sports shoes, football shoes and so on.

Defendant Rui Bu company argued that it did not produce or sell infringing products, nor did it publicize products infringing on the exclusive rights of plaintiff's trademark on the website.

At the same time, Rui Bu said that even if it constituted infringement, Adidas company had no evidence to prove its profit, and the economic loss of its claim had no factual basis.

Another defendant Sheng Jia company did not appear in court.

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After hearing the case, the Yantai intermediate people's court held that Adidas was the trademark owner, and had the right to prohibit others from using the same or similar trademark on the same or similar commodity without permission.

Although defendant Rui Bu company does not recognize notarized accused of infringing product is its production, sale, nor endorsement of the http://www.rui-bu.net/ website is its start-up, but because the product attached to the information and the content of the website is directed at Rui Bu company, the company did not provide evidence of refutation evidence, the court found that notarized accused of infringing products for the production of Rui step.

The product is the same as Adidas's registered trademark. The logo on the outside side is the same as the registered trademark No. 3938968th and No. G730835 registered by Adidas.

The court held that Rui's company had used the same pattern as the registered trademark of the plaintiff without the permission of Adidas, which infringed Adidas's exclusive right to use the registered trademark.

Sheng Jia company failed to fulfill its reasonable obligation to review, resulting in the sale of goods infringed on the legitimate rights and interests of others, the subjective fault is obvious, should bear the corresponding civil liability.

In December 2, 2009, the first instance of the Yantai intermediate people's court ordered the two defendants to stop the infringement immediately. Rui Bu company made compensation for the plaintiff's economic losses of 280 thousand yuan, and Sheng Jia company made a compensation of 20 thousand yuan.

Rui Bu company refused to accept the case and then appealed to Shandong high court.

After hearing the case, the Shandong High Court held that although the company denied that the infringing goods and related evidence were involved, it did not submit any rebuttal evidence in the second instance, and its defense claim could not be established.

Finally, the Shandong high court rejected the appeal and upheld the final judgment.