Gucci Sued Cedar Infringement For 180 Thousand Yuan

The "Gucci", founded in Gucci group of Italy, is a world-renowned luxury brand. The logo printed on the "GG" brand appears as a symbol of "identity and wealth" in all kinds of luggage and footwear of Gucci, and is highly regarded by business people and celebrities. However, such an "GG" trademark, which is famous for its luxury and high reputation, has also been infringed. The infringer is a well-known domestic enterprise, Jiangsu's group. A kind of On April 15th, the court of Pudong New Area of Shanghai made a judgment on the case of infringement of the exclusive right to use trademark in Italy ancient company GUCCIOGUCCIS.P.A and Shanghai first eight hundred companion company. The defendant and the first eight hundred partners immediately stopped the infringement of the exclusive right to use the registered trademark. The defendant, the company, should compensate the plaintiff for the economic losses of Gu Qiao Gu Xi stock company. RMB 180 thousand yuan. In August 2006, Gu Qiao Gu Xi company was surprised to find that women's sandals with "GG" appeared in the first eight hundred companion in Pudong, Shanghai. The "GG" logo was widely used in the lining of the shoe's outer lining, and the middle part of the shoe's shoe lining was marked with "Senda-woman" mark. It is obvious that the shoes are produced by the company and sold in the special store, and the sales amount is only 187 yuan. Gu Qiao Gu Xi company believes that the behavior of the company and the first eight hundred partners is easy to mislead the public, causing the public to misunderstand the source of the goods, or mistakenly assume that there is a specific link between the goods and the plaintiff, which constitutes a violation of the plaintiff's trademark rights. Therefore, the court ordered the two defendants to stop the infringement immediately and jointly compensate for the total economic losses of 615446 yuan. Defendant Sunda company believes that the sandals are clearly marked on the women's sandals produced by themselves. The shoeboxes also clearly indicate the name and graphic trademarks of the company. Meanwhile, shoes are sold in the sale of Sanda's special counter, as a well-known trademark in China, consumers will not cause misrecognition. "Gu Qiao Gu Xi's footwear products belong to the high-end product type. Most of the products belong to the middle range of commodities. They have different consumption groups, and the difference is obvious." At the same time, the company also proposed that the "GG" figure on women's shoes is actually not a trademark, nor a pattern attached to goods or packaging. It only belongs to a "mark symbol" as a pattern of shoe material. According to the trial, the "GG" trademark has become a high-end brand in clothing, shoes, leather products and other fields. The company used "GG" graphics on women's sandals. Consumers may mistakenly assume that the products involved in the products were jointly launched by Sunda and Gu Qiao Gu Xi. Moreover, the product positioning of the original defendant and the defendant is different. The footwear products of the ancient Qiao Qiao Xi company belong to the high-end product type. Most of the products belong to the middle range of commodities. The use of the logo will cause the public to make changes in the recognition function of the "GG graphics" trademark, which will directly affect the saliency of the "GG" trademark, which will lead to trademark dilution. The court also pointed out that consumers do not "confuse" the source of their products at the time of purchase, which does not mean that people around the purchaser will not be confused. Women's shoes are labeled "Senda-woman" only in the middle of the shoes. When consumers are actually wearing them, they can't see the "Senda-woman" mark covered by their feet. Instead, the "GG" logo on the lining of the shoe lining is clearly visible. This will lead to the misrecognition of other buyers' actual consumption brands, which will undoubtedly reduce the value of the "GG graphics" trademark. It will affect its recognition. As a professional shoe manufacturer, the company has the duty to pay attention to the well-known registered trademarks in the industry. In summary, according to the public awareness of the plaintiff's trademark, the circumstances of the defendant's infringement, the degree of subjective negligence and the consequences, and the plaintiff's reasonable cost to stop the infringement, the indemnity amount of the company was determined, and the above decision was made.