Department Store in Chengdu ruled to compensate Zegna for trademark infringement

Recently the Chengdu Intermediate People's Court, in Sichuan Province, made the first instance judgment on the trademark infringement case between Swiss Consitex S.A. and a local department store. The court ruled that the department store should stop the infringement and compensate RMB 140,000 to the plaintiff.

Consitex S.A., well-known for its men's clothes, registered its trademarks "Ermenegildo Zegna" and "Zegna" in China, covering clothes, shoes, headgear, belt, handbag and suitcase. However, without Consitex's authorization, the defendant opened a counter in the department store to sell clothes, shoes and other goods that bore the trademark representation "Zegna." Although the counter was closed in October 2006, the advertising board was still exhibited in front of the department store. Therefore, Consitex instituted a proceeding before the Chengdu Intermediate People's Court. Consitex requested that the defendant should immediately stop the infringement, publish an apology to eliminate the ill effect and make compensation.

The court held that the representations "Ermenegildo Zegna" and "Zegna" used by the defendant were identical with the plaintiff’s registered trademarks. Besides the labels on the goods, the defendant also used the representations on the decoration of the counter, the advertising board and package bags. Therefore, the court ruled that the defendant should stop the act of trademark infringement and compensate RMB 140,000 to the plaintiff.