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"Crocodiles" Bite Again (1)

2007/6/25 17:10:00 40386

In 2000, it was "dragon" year. However, for some reason, the ugly crocodile, however, did not have a "dragon" in this year, and it turned against it again.

In the "crocodile" dispute, the "French crocodile" accuse "Hongkong crocodile", as early as April this year, by the Chinese consumers used to call it "French crocodile" graphic trademark holder - France's lacoste shirt Co., Ltd. registered trademark infringement on the grounds of the "Hongkong crocodile" trademark holder Hongkong crocodile Co., Ltd. to Beijing intermediate people's court.

The French crocodile said that the "crocodile" was registered in China in 1980 and had the exclusive right to crocodile graphics.

However, since 1995, Hongkong crocodile Co., Ltd. and Beijing Huayuan new products trading company have sold their infringing products in Beijing, without the consent of the plaintiff. They have used trademarks similar to the "French crocodile" on the same commodity or test products, or lied in other commodities and packaging, which can strongly counterfeit the plaintiff's trademark, seriously infringe the plaintiff's exclusive right to trademark, and have caused huge economic losses to the plaintiff.

The French crocodile asked the court to order the two defendants to stop the infringement and compensate the plaintiff for the economic loss of 3 million 500 thousand yuan, making an apology publicly, eliminating the impact and taking all the costs of the case.

"Hongkong crocodile" argues that the "crocodile" used by Hongkong crocodile has been a trademark of Crocodile for decades. It has coexisted with the French crocodile in the market for many years, and because of the establishment of its market reputation and consumer groups, it has not been confused by the public's commercial targets.

The "Hongkong crocodile" has been monopolized and does not sell with the same kind of goods from the same manufacturers, so it will not cause consumers to misbuy the "crocodile" and "Hongkong crocodile".

According to reporter's market investigation, two crocodiles in litigation are different. The French crocodile head is right, the word is LACOSTE, and the Hongkong crocodile heads to the left, and the character is Crocodile.

It is worth noting that, in the same category of clothing trademark, the general consumer will pay attention to the head of the crocodile in addition to brand recognition.

When the French crocodile and the Hongkong crocodile had not yet chew on the subject, another "crocodile" competition started again. "Singapore crocodile" objection to "Shenyang crocodile", January 15, 1998, the largest corn processing enterprise in Liaoning Province, Shenyang Wan Shun Da Starch Co., Ltd. applied for the "crocodile CROCODILE and crocodile figure" trademark in the thirtieth kinds of starch products to the State Administration for Industry and Commerce Trademark Office, aiming to expand the influence of the new world corn starch produced in the Southeast Asian countries and regions. The product has been identified as the "national quality standard food" by the Chinese food industry association. It has not only been widely affected in the country, but also exported to Russia, Korea and other countries and regions. "Justice"

In November 28, 1999, the Trademark Office of the State Administration for Industry and Commerce accepted and examined the trademark application in accordance with the law. The notice of first instance was applied to the trademark application, and the announcement number was 1368995.

In January 13, 2000, Singapore crocodile International Agency (private) Limited submitted a letter of objection to the Trademark Office of the State Administration for Industry and commerce, and raised objection to the "Shenyang crocodile" trademark.

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