Shanghai made verdicts for several IP infringement cases

Post time:09-25 2009 Source:IPR in China Author:
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On September 25, Shanghai No.2 Intermediate People's Court made verdicts for several IP infringements at one time.

In the case of Adidas vs. Zhonglian & Bailuchi, the latter were charged 20, 000 and 100, 000 RMB compensation respectively, and were required to stop infringements and publish declaration approved by the court on Xinmin Evening Paper.

Adidas registered the "three bars" trademark for sneakers before State Administration for Industry and Commerce on March 17, 2000. After realizing Bailuchi and Zhonglian had infringed its trademark rights, Adidas took legal actions in Shanghai No.2 Intermediate Court against the two companies and asked compensation and apology.

After hearing, Shanghai No.2 Intermediate Court believed that, Adidas' trademark is under protection in China, and the "three bars" trademark has owned high reputation among consumers. By comparing, the sued sneakers also have three bars on both sides, which are familiar with those of Adidas.

Bailuchi had used the same trademark on the same product as Adidas, which infringed the trademark of Adidas. And although proving the source of the product, Zhonglian still couldn't prove it has pay reasonable attention.

In another case of trademark infringement, Zhu Jingjing, who sold counterfeit LV, GUCCI, DIOR and other famous brands on Taobao, was sentenced to 10 months' prison and 5, 000 RMB's fine. But the claim of appeal by the defendant was objected. [Chinese version is available on Chinanews.cn]

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