Leather Shoes Use Similar Trademark Infringement, Seven Wolves Compensate COACH20 Million

Because of the similar trademark used on shoes sold, the world famous clothing and

Controversy 1

Decoration or logo?

The plaintiff said that the company is the right person of the world-famous clothing and accessories brand "COACH" and has registered its logo.

Since September 2009, seven wolf companies have unauthorized use of the trademark of Kochi company on the shoes produced and sold, and the infringed goods are sold in franchised stores in many cities in China, and their behavior has constituted a violation of the exclusive right to register the registered trademark of the plaintiff.

The seven wolves company replied that the designs used on the infringing goods were used as decorations. The main role was not to distinguish the source of goods, but not the use of signs.

The pattern used on its merchandise is an arbitrary combination of many English letters C, which is arranged in disorder and is not similar to the registered trademark of the plaintiff.

In addition, their products are sold in the exclusive stores, while the stores mark the "seven wolves" brand in the prominent position of the store, and the "seven wolves" brand is also used in the commodity, which does not cause the possibility of confusion or confusion.

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Controversy 2

Are multiple C and double C approximate?

The court observed that there was a trademark of "seven wolves" on the outside of the shoe and sole of the infringing goods.

The middle part of the upper part is the cortex, and the sides of the upper are cloth, and the cloth pattern is a pattern with multiple English letters "C".

The court held that although the seven wolves emphasized that the pattern used on the alleged infringing goods was an arbitrary array of English letters "C", it was obvious that the combination of these "C" letters formed the same figure as the registered trademark of the plaintiff's Kochi company.

Although there are "seven wolves" trademarks on the infringing goods, however, in view of the fact that the registered trademark of Kochi has a high reputation and a certain influence in the relevant public, the relevant public is buying the accused.

Judge's statement

International famous brands are common.

According to the judge who heard the case, in recent years, the market competitors tend to take various forms of infringement in order to obtain greater economic benefits. In particular, some competitors have focused their attention on some famous international brands, and have adopted various ways of "naming famous brands" and "taking the convenience of cars".

A company's development into a famous brand will cost a lot of publicity and promotion.

The infringer saves the previous capital investment and the struggling experience of the obligee, and confuses the market, misleads the relevant public, and damages the interests of the trademark owner by using the same or similar trademarks on his own goods.