Colombia's Nanjing Rights Protection Series Launches, First Case Prosecutes Trade City

It is understood that at the end of the year, the company still had 31 infringement lawsuits to fight in Nanjing.

Yesterday afternoon, the Nanjing Intermediate People's Court held a court hearing in which a Colombian company sued a merchant and its business city for infringing trademark rights. The Colombian company filed a claim of 30,000 yuan, which was only the first of eight cases in which the company sued the business city. Cases.

The merchant said that someone actively promoted the product and did not know the brand himself

The owner of the defendant’s shop is Huang Keming. He runs a small shop in the commercial city of Hexi. He mainly deals in foreign trade dress tails, stores are not large, and there is no special warehouse. All the clothes sold are hung in the shop.

This time was reported by the Columbia company. Huang Keming was surprised. “Last year in December last year, there was a person who came to sell clothes. When I saw the quality of clothes was good, the price was not high. I bought 6 items in the store, but just sold 3 pieces, which means two or three days. Was sued by this Colombian company, saying that I sold fake."

After discovering that its own brand was infringed upon sale, Columbia Company brought Huang Keming together with this trade city to the court and demanded 30,000 yuan in compensation.

Yesterday in court, the Colombian company only participated in the trial as an attorney. The other party, Huang Keming, and representatives from the commercial city participated in the trial.

Discovered in the courtroom comparison, 3 trademarks are the same two similarities

According to an attorney from the Colombian company, Huang Keming’s infringing apparel was involved in three trademark infringements and provided relevant notarial certificates to prove that he was the legal holder of the trademark.

These three trademarks appear on the brand's costumes as a set of two English words from Columbia and Sportswear Columbia, and a diamond with eight short lines.

In court, the Colombian company provided a blouse from the Huang Keming store that was compared with the genuine brand. “This infringement product has its inner collar, hanging tag, and the left front rim. In the three trademarks, each letter and horizontal line of our trademark existed independently, and there was a connection between the letter and the horizontal line in the clothes sold by Huang Keming."

The Colombian company believes that the trademark on the brand apparel sold by Huang Keming is the same as the authentic trademark and a similar one constitutes infringement.

Huang Keming admits that the other party's legal rights to trademark ownership, but also feel wronged. "I bought a total of six people from the sales person and sold a total of three. One of them was bought by the plaintiff and he did not know the brand." He said that he was only negligent infringement.

Merchants claim profit is only 150 yuan and claim 30,000 yuan is too high

“I bought one for 150 yuan and sold 200 yuan, sold a total of 3, and the profit was only 150 yuan, but I lost 30,000. I think the amount is too high.” “And after I received the complaint, I All three clothes that were not sold were all cut and destroyed."

When the judge inquired about the calculation basis for Columbia’s 30,000-yuan compensation, the Colombian company’s attorney stated that there was no basis for the judge’s discretion and suggested that due to the failure of this trade city to fulfill its management and supervision obligations, it was jointly and severally liable. .

However, the representative of the commercial city took out the lease contract signed by the merchant city and the owner. "The contract expressly requires that the lessee shall not sell goods that infringe another's intellectual property rights. The litigation arising from intellectual property disputes shall be borne by the lessee and the tenant shall be wholly independent in its operation. The trade city does not have joint business activities with it. ”

The representative of the commercial city stated that it was a leasing relationship with the merchants, and that the merchant had no knowledge of the infringing sales of the brand, and immediately after receiving the complaint, they issued a notice requesting that the allegedly infringing goods be removed. Therefore, there should be no joint and several liability for the existence of intentional acts that would facilitate the infringement of trademark rights.

The case did not reach an agreement after two mediations before the court and in the court. It was not pronounced in court yesterday. This is just the beginning of the Colombian company's rights protection in Nanjing. According to the information on the court website, as of November 8, 2012, there were 31 cases of infringement of the trademark rights filed by the company. Individuals sued to the court also have clothing stores, clothing wholesale markets and shopping malls.