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"Spider King" And "Golden Spider" Start The Battle Between Genuine And Fake Leather Shoes.

2008/4/29 0:00:00 10467

Trademark Infringement

Under the mediation of the court, he promised not to infringe on the law again, but he broke his promise again.

Spider king Group Co., Ltd. once again brought the Wenzhou Golden Spider Footwear Co., Ltd. to court, playing the real case of Wenzhou "spider king" and Hongkong "spider king".

Yesterday morning, the Wenzhou intermediate people's court made a first instance judgment on the case. When the economic loss could not be determined, the court ordered the Golden Spider company to compensate the spider king group for 500 thousand yuan by the maximum amount of compensation stipulated by the law.

In 2005, the trademark of the spider king was recognized by the national trademark review board as a well-known trademark.

The "spider king" business firm was also recognized as a well-known business in Zhejiang in September of that year.

Spider king trademark, shop name and spider king leather shoes have been well known in China.

In the year when the famous trademark was acquired, spider spider group discovered that the Golden Shoe Company was producing and selling leather shoes marked with the name of Hongkong spider king International Group Co., and filed a lawsuit for this purpose.

Court of first instance ruled that the behavior of Golden Spider Footwear Company constituted unfair competition.

In the second instance, the two sides reached a settlement agreement. The Golden Spider Footwear Company agreed to stop the infringement immediately and cancel or change the name of the Hongkong spider king International Group Limited registered in Hongkong.

However, not long after, the Golden Shoe Shoes Company sold the shoes of the Hongkong name spider king International Group Limited company's shoes to Beijing, Xi'an, Shijiazhuang and other places, and solicited agents from all over the country.

The judge who presiding the case said that Jin Dai shoes company, as an enterprise engaged in leather shoes sales, belongs to the same operator as the plaintiff. The two shareholders of the company are Yongjia county people. They should be clear about the popularity of the "spider king" brand and the spider king's trademark.

In particular, the judgment in 2005 has found that such a "brand name" behavior is an act of unfair competition.

After the two sides reached a settlement, the defendant continued to infringing, indicating that his subjective malice was obvious.

As the plaintiff failed to provide tangible evidence of the actual loss and the defendant's tort profits, the court determined the amount of compensation according to the relevant provisions.

In addition to compensation, the Golden Spider shoe company also needs to stop producing and selling the word "spider king" immediately, destroying the goods and business signs containing "spider king" words in stock.

Within 10 days after the decision comes into effect, a statement is issued in the media (the layout must not be less than 6cm * 8cm) to eliminate the infringement effect and the content must be approved by the court.

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