Mention sock, people can think of " billow Sha " . Billow Sha knitting is in justice black, in Zhejiang, in China, and even there is decisive position in the socks industry of the whole world. Recently, court of the district below Jinan city all previous is opposite one case Sha of enroach on billow " desk of issue of trade mark right " make first instance adjudicate.
Limited company of billow Sha knitting accuses the supermarket that Liu of Shandong Jinan citizen runs some, sale is false " billow Sha " anklet violated its trademark special right. "Billow Sha " already had socially extensive famous degree, also be Chinese well-known logo.
Limited company of knitting of accuser billow Sha appeals to say, in November 2017, accuser discovers some shop sells the accused Liu " billow Sha " the product that card silk socks is sham accuser registered trade mark. Later, the behavior that accuser sells product of this tort brand to this shop adopted evidence to conserve notarial measure. The brand rights and interests that the accused sold the behavior of brand tort product to encroach accuser badly and business praise.
How cannot he also think of the accused Liu Mou, two pairs of socks sold 25 yuan, want 6000 yuan to compensate for manufacturer unexpectedly finally. He says because of this argue, falling without the circumstance that through executing the law sectional spot seals up for keeping to sign with oneself, from its the supermarket buys do not recognize these things.
The court is found out via cognizance, on December 25, 2017, some notarization is in Shanghai issued notarial deed carries bright, office of Shanghai some attorney conserves at applying for to deal with evidence to the place on November 18, 2017 notarial.
After accepting application, the attorney that greffier accompanies an applicant arrives at Jinan inside some supermarket, the applicant's attorney bought 2 pairs of outer packing 25 yuan to imprint in the flower inside this inn have " billow Sha " the sock is the same as a paragraph of model of written characters, obtain small bill on the spot a piece. The goods that greffier obtains to buying the spot and site takes a picture, a pair of socks and small bill load an envelope and will seal an autograph among them.
Billow Sha company issue differentiate proof material to carry bright, limited company of billow Sha knitting entrusts office of Shanghai some attorney to be in what some supermarket buys Jinan to tag " billow Sha " the slur of product outer packing of brand, did not see mark of product certified products, produce character to measure as bigger as quality goods existence difference, the label preventing bogus that the label that prevent bogus and our company decide is different. Afore-mentioned products do not belong to the product of our company and accredit unit production, sale, think truly sham " billow Sha " the product of registered trade mark.
Trade mark right calls brand special right again, it is to show law of trademark holder basis stipulates the registered trade mark that has to its perhaps is not place of registered trade mark to enjoy some having, use, the right of accrual and punish, perhaps say exclusive exclusive right.
In this case, classics notarization and front courtyard examine and verify are checked, can maintain Liu Mou to sell " billow Sha " the billow Sha anklet of anklet and company of accuser billow Sha is congener product, its outer packing also the outer packing with product of billow Sha company is similar, and in its the do sth without authorization on outer packing used sanction of billow Sha company register " billow Sha " brand, but this anklet is not production of place of billow Sha company.
The court maintained sale action of Liu Mou to violate the trade mark right of billow Sha company, form tort, behoove assumes tort responsibility. Billow Sha company asks the accused stops to sell the goods of tort instantly, reason just when, the court gives support.
Reason sentences your Liu Mou to stop to sell the goods that violates trade mark right of limited company of billow Sha knitting instantly; Compensatory accuser pecuniary loss and reasonable expenses total 6000 yuan.
