Wednesday, April 01, 2015 Welcome Guest  |  Login
Parker & Parker Co. LLP International Intellectual Property Attorneys Directory
Patent Attorneys | Trademark Attorneys | Copyright Attorneys | Design Attorneys
  ParkerIP.com | Home | Members | Register (FREE) | IP News | Publish Newsletter | Contact Us   Bookmark and Share
Country:    Practice Area:   Search in:      
Members: 48689




ESSEN Patent & Trademark Office

Le Coq Sportif Triumphs in a Trademark Dispute

Posted by: ESSEN Patent & Trademark Office
Practice Area: Trademark    Country: China    Publish Date: 31-Jul-2012

The group buying websites now become the focus of attention due to selling counterfeits these days. Several industry top dogs such as Ao Meimei, Accessories Group, 58 Group, Gaopeng and Dida make the infamous list. Discovering the Zouxiu website under Shenzhen Zouxiu Ltd. and Dida website under Beijing Jinridushi company selling the counterfeit products infringing their registered trademark, le coq sportif then brought the two defendants to the court. Beijing No.2 Intermediate Court recent entered a first-instance judgment on this case to conclude the one-year dispute, ordering the two defendants to cease infringement and indemnify 80,000 yuan and 20,000 yuan respectively in damages to the plaintiff.


As a well-known sport brand, le coq sportif was established in France in 1882 and the brand means a rooster having deep love for sport. From 1948, the rooster image was used as the trademark. During 1990s, the trademark privileges in China was transferred to a Japan-based company from a European company and this Japan company is the right holder of the le coq sportif and the rooster image. In March 2011, the right holder was reported that the defendant Dida website was selling a pair of sport wear on the price of 99 yuan which would be affirmed as counterfeit later.


The defendant Zouxiu website then issued a statement announcing that the sportswear they sold were legit products manufactured in Argentina. The products were exported to Hong Kong and then distributed in China's mainland. They have all the necessary documents proving the goods were legally imported. 

 
The right holder investigated and collected evidence and then brought the case to the Beijing No.2 Intermediate Court on the ground of trademark infringement.

"The group buying websites are developing rapidly, and further development not only depends on the competition from outside, but also relies on self-regulation. Those who strictly operate in accordance with the law and regulations will be accepted by the consumers and those who act against the law will be inevitably abandoned," Wang Ke, CEO of le coq sportif company told CIP News.


The le coq sportif's attorney from a Beijing IP firm told CIP News that the case is a typical trademark infringement case following the massive boom of group-on websites, the two defendants sold counterfeit products at an extremely low price and attempted to hide away from troubles on the ground of qualified products from overseas and made it difficult to collect evidence and right claim. The court's decision secures the rights and interests of the right holders.


"The le coq sportif's triumph in this case tested the credibility of the group buying industry and sent a strong message to them while paving a path for companies defending their IP rights, "One expert said.

(Source: SIPO 2012-06-19)


Related Newsletters

TitlePractice AreaCountryPosted DateViews
Trademark Search in India TrademarkIndia 08-Aug-2009 2064
CHINA’S SUPREME PEOPLE’S COURT HAS CLARIFIED FOUR TYPES OF IP RELATED ADMINISTRATIVE CASES TO BE HEARD BY SPECIAL IP TRIBUNALS TrademarkAll 11-Aug-2009 2763
“NOKIA” vs. “nocria”: The Taiwan Intellectual Property Court Ruled in Favor of “NOKIA” TrademarkTaiwan R.O.C. 19-Aug-2009 2068
CHINA’S ANTI-MONOPOLY COMMISSION HAS CLARIFIED DEFINITION TO RELEVANT MARKET FOR ANTITRUST ENFORCEMENT AND ITS IMPACT ON MERGERS AND ACQUISITIONS TrademarkAll 19-Aug-2009 1406
Intellectual Property Court Ruled Against Japan Tobacco Inc. Over Camel Trademark TrademarkTaiwan R.O.C. 25-Aug-2009 2573
China Moves PatentChina 26-Aug-2009 1332
Harley- Davidson Revs Up IPR Protection TrademarkChina 26-Aug-2009 3783
France's Schneider Pays 157.5 Million Yuan to Chinese Firm as Compromise PatentChina 26-Aug-2009 1448
Court Orders IPR Payout Increase PatentChina 26-Aug-2009 1410
“Shanzhai” Culture Now in Crosshairs TrademarkChina 26-Aug-2009 1775
12345678910...


Invite Friends/Associates to View this Newsletter

Your Name:

E-mail Address(es) (one email per line):



Parker & Parker Company - Patent and Trademark Attorneys - India PARKER & PARKER COMPANY
An Intellectual Property Law Firm - India
Welcome Guest
Login
Register



IP Tools





© PARKER & PARKER CO. LLP 2004-2015.    Developed by JSK Software