Move the hand, the letter "E" changes the letter "L", the ordinary bag becomes a brand-name bag, what design is so "clever"? Was it deliberate or just a coincidence? Recently, Guangzhou Huadu Court announced the trademark infringement dispute.
After the letter "E" is removed, the letter "L" becomes a brand-name bag for one second
In October 2020, Zeng XX sold a women's bag in the online store, which used the YSE logo on the front of the bag, and the "two horizontal" on the letter "E" was riveted.According to the publicity guidelines, after consumers buy women's bags, the "two horizontal" of the "E" letter in the logo can be transformed into the logo YSL.
No. 807224 YSL registered trademark rights holder Yves Saint Laurent Company claims that Zeng's sales of the above goods constitute trademark infringement, and appeals to the court to ask Zeng to compensate for economic losses and reasonable expenses for rights protection.
The court found that it constituted trademark infringement and awarded 80,000 yuan
After hearing, Huadu Court ruled that Zeng's above actions constituted trademark infringement, and Yves Saint Laurent Company should be compensated for economic losses and reasonable expenses for rights protection totaling 80,000 yuan. After the judgment of the first instance, both parties served the judgment and the judgment became effective.
The court pointed out that the accused logo YSE is used in a prominent position on the front of the goods, and plays a role in identifying the source of the goods, which constitutes trademark use. Moreover, the accused goods and the goods approved for use in trademark No. 807224 belong to the same kind of goods, after comparison, both of them are composed of three letters superimposed, the difference is that the letter under the accused mark is "E", while the letter under trademark No. 807224 is "L", after the superimposed three letters, the difference between the two marks is not obvious, constituting an similarity.
According to the publicity of the online shop involved, the "two horizontal" in the "E" letter of the accused logo can be transformed into the YSL logo after disassembly, and the YSL logo after disassembly is also used as a trademark, and the logo after disassembly is the same as the registered trademark No. 807224. To this end, Zeng so-and-so's sales of the above goods constitute trademark infringement.
The name of a number of infringing links in the online shop involved used the words "big name", combined with trademark visibility, sales scale and the reasonable expenditure of the plaintiff's rights protection, the court ruled that Zeng XXX compensated the plaintiff for economic losses and reasonable expenses for rights protection totaling 80,000 yuan.
With the strengthening of the protection of intellectual property rights, the direct counterfeiting of others' trademarks is less and less in practice, but the infringement of free-riding and brand-name trademarks is still emerging, such as changing the individual letters, order and pattern of the plaintiff's trademarks.
Deep trust in this to remind the majority of operators, in the process of business must not play the legal skirmishes, do not take risks for the immediate interests; Consumers should also establish awareness of intellectual property protection, support genuine products, strengthen discrimination, purchase goods from formal channels, safeguard their legitimate rights and interests, and jointly create a good ecological environment for intellectual property.
Source: Gold name label
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