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wholesale jewelry platinum 950 online Lacoste Crocodile (French brand)
All trademark infringement will be liquidated sooner or later
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"French crocodile" and "Singapore Crocodile" were beaten again.
In March 2004, the first trial of the Shanghai Second Intermediate People's Court ordered French Lacoste Shirt Co., Ltd. ("French Crocodile") to violate Singapore Crocodile International Institutional Institutional Institutional Institutional Institution ) Copyright, need to compensate $ 1. On July 12 this year, the well -known "1 USD Crocodile Lawsuit" resurrected the waves. The Shanghai High Court "was not suitable for the court to accept the judgment of the first instance, and the case became more complicated and cloudy.
The blind sphere of intellectual property protection
The judgment of Shanghai High Court obviously inspired French crocodiles. On July 12, the French crocodile held a press conference and announced the good news of "victory". The media also made reports of "French crocodile turn over and Singapore crocodile losing prosecution".
, on July 17th, at the press conference of Singapore Crocodile Organization, Hong Wenzhan, chairman of Singapore Crocodile International Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institution, said that Singapore's crocodile "defeated" and the French crocodile "victory" The statement and report are a "misunderstanding" of the court's decision.
LACOSTE Shanghai authorized store
The acting lawyer of Singapore Crocodile, Professor Tao Xinliang, Dean of the School of Intellectual Property, Shanghai University, and Zhang Ping, an associate professor at Peking University School of Law Among them, if the parties claim to protect copyright because others use their works when they apply for a registered trademark, they shall be resolved through relief procedures such as objection specified in the trademark law. The people's court shall not accept it. " The court's trial of the case is based on two aspects, one is to try the entity content in accordance with the legal facts; the other is to review procedure justice and procedure legitimacy in accordance with the procedure law. The court of the second instance made a procedural ruling rather than the real change judgment, and did not say that the French crocodile did not infringe copyright.
This Tao Xinliang and Zhang Ping also believe that the relief procedures such as the objection stipulated in the trademark law only solve the administrative management of the vertical "granting the trademark right", and cannot deal with it. Horizontal civil infringement issues. Therefore, the horizontal civil infringement disputes that occur during the application of trademarks can only be resolved through horizontal civil lawsuits. According to the logic of the court's judgment, the horizontal civil infringement disputes that occurred at the same time during the application of the trademark became abandoned by the "daddy who did not accept it, and the mother didn't care", and the intellectual property protection system formed a blind spot. Therefore, the "inappropriate acceptance" ruling of the second instance court itself is "inappropriate" in accordance with the law. At the same time, "not advocate" is not a legal language. It may not be possible to directly revoke the first trial judgment of the case based on the illegal law of "inappropriate".
The associate Professor Zhang Ping told reporters that the court accepted the case for some cases of some corporate registered domain names of others. The case of the Crocodile French crocodile violations of Crocodile in Singapore was "worth discussing" for the revocation of the first trial on the grounds of "inability to accept". In terms of the protection of intellectual property rights, there are also "gray areas", and relevant laws and regulations are still to be improved and improved.
Hong Wenzhan said that the judgment of the second instance court did not stop the dispute or peace, but caused the outside world to "misunderstand" and deepened the contradiction between the two parties. Singapore crocodile reserves the right to appeal to relevant departments.
The two "crocodiles" have a long history
The brand disputes between French crocodile and Singapore crocodile can be traced back to more than 30 years ago, "1 dollar lawsuit" A "bite" in the market.
In 1947, Malaysian Chinese Chen Xianjin, a ancestor, created the English slope "Crocodile" and the crocodile picture. In the work, the crocodile head is facing the left, the tail is upturned, the body is slender, and the mouth is slightly open. Soon, this crocodile picture was approved by the Singapore authority as a registered trademark.
Crocodile Shanghai authorized store
. French crocodile was born in 1933. Its body is green, the head is right, the body is thick, the mouth opens and exposes sharp teeth, the body is the body, the body is the body, and the body is the body. The black "Lacoste" is embedded in the part. "Father of French Crocodile" is a French tennis player Ren Lacoste who has won the world tennis champion and nicknamed "Mr. Crocodile".
In the early days, the "crocodile" of European descent and the "crocodile" of the Asian ancestry were all right. However, in the 1960s and 1970s, with the expansion of two "crocodiles", especially the French crocodile entered the Asian market, they met each other narrowly, realizing the existence of the other party and the threat to themselves. Immediately, the two "crocodiles" lawsuits continued.
The first lawsuit of the two "crocodiles" started in Japan in 1969. Singapore crocodile told French crocodile trademark infringement. French crocodile believes that "there is a significant difference in the two trademarks" and won this. In 1980, Singapore crocodile issued a lawyer's letter to the French crocodile in Singapore's dealer in Singapore.
The long -term battle makes the two "crocodiles" tired. They gradually realize that since the two sides are far away (local courts also agree with this difference) Both resources and defeats, why not admit each other and coexist peacefully? In 1983, two "crocodiles" shook hands and signed a coexistence agreement: recognize trademarks with each other; ended all legal disputes and agreed to combat other trademark infringers; the agreement covered Singapore, Malaysia, Thailand, Indonesia and Taiwan, China Market; and indicate countries and regions that are still suitable for two other companies that will coexist. In 1985, the coexistence agreement expanded to India, Pakistan, Bangladesh and South Korea.
"Honeymoon" why is it so short
. "Honeymoon" has not been maintained for a long time. With two "crocodiles" in the Chinese mainland market with huge potential to grab the beach, The two sides of the surviving martial arts moved again.
. Maybe it has learned the passive lessons in the past Asian market because of slow shooting, or because the Chinese market with huge potential is too attractive. As early as 1980, the French crocodiles were the first to set aside, and the French crocodiles were the first. Crocodile trademarks were registered in Mainland China. Singapore crocodiles did not apply for trademark registration from the Chinese Trademark Office in 1993. In this regard, the French crocodile immediately expressed objections. French crocodiles have sued Singapore's crocodile to infringe on their trademarks four times in Beijing and Shanghai, which led to a 12 -year long journey of the trademark registration of Singapore Crocodile. It was not until the end of June 2005 that it finally passed the National Trademark Office and the trademark review and ruling agency. The recognition has completed the registration. During the period, the French crocodile has always declared that because Singapore Crocodile has not registered crocodile trademarks in Mainland China, it sells products with crocodile logos in the mainland of China, violating the French crocodile's special rights for trademarks in Mainland China.
In 1995, the French crocodile applied the Singapore crocodile pattern to register as a cosmetics trademark in China. Obviously, this gives Singapore crocodile a powerful counterattack opportunity. In 2002, Singapore Crocodile sued the French crocodile to court on the grounds that the copyright was infringed, demanding that the infringement, the apology, and compensation were requested to be $ 1. In March 2004, the first instance of the Shanghai Second Intermediate People's Court supported Singapore's crocodile claims.
The real enemy is the opponent or the "crocodile"
The grandson of French crocodile founder Hene Rocoste, Philippe, who is responsible for global public relations, LACOSTE) In Shanghai, it was revealed to the media in Shanghai that the reason why the French crocodile used the Singapore crocodile pattern to apply for a registered trademark for cosmetics products was completely out of defense and was not ready to be used.
Hong Wenzhan told reporters that when the two parties signed a coexistence agreement in 1983, the French crocodile deliberately concealed the fact that it had registered trademarks in mainland China in 1980, so the coexistence agreement did not include the Chinese mainland market. In 1985, when the French crocodile entered the Indian market, the Singapore Crocodile registered in India had a "consent letter" as early as 1952 to help the French crocodile registered in India smoothly. In the past, when the French crocodile entered the traditional scope of Singapore's crocodile, Singapore Crocodile basically adopted a compatible and coexist. However, when Singapore crocodile enters the Chinese market, the French crocodile is interfered in all. Its intention is to be unveiled, just to monopolize the Chinese market and squeeze the Singapore crocodile.
The approach to French crocodiles, Hong Wenzhan expressed puzzlement: Two "crocodiles" are still coexisting in Singapore, with a population of only 5 million people. Why can't the Chinese market in the 1.3 billion population be compatible?
It is understood that although French crocodiles first registered trademarks in Mainland China as early as 1980, they did not open their first specialty store in Shanghai in 1995 and established a factory in Pudong. Currently in Pudong, it is currently in the factory. It is currently in the factory. There are hundreds of stores across the country. Although Singapore crocodile has been intervened by French crocodiles in trademark registration, and has experienced a 12 -year difficult journey, it has made great progress in market expansion. After landing in the Chinese market in 1993, Singapore Crocodile quickly established more than 1,500 stores covering the country, and established factories in Shenyang, Suzhou and other places. Over the past 12 years, Singapore's crocodile clothing and other authorized products have cumulative sales of 6 billion yuan. In Singapore's global sales, the Chinese mainland market accounts for 30 %. Recently, Singapore Crocodile has invested 120 million yuan to build a global headquarters building in Shanghai. It is planned to move the Global Strategy Center in Shanghai in 2006.
If industry experts pointed out that in fact, Singapore crocodile and French crocodile not only "look different", but also the market positioning is also very different. Mainly high -end sports and leisure clothing. Today, both "crocodiles" have obtained trademark registration in China, and they have been recognized by consumers and protected by law. The Chinese market is so big that the two sides are not worried about finding room for development. Perhaps the enemy of the two "crocodiles" is not the other party, and now the "crocodile" full of the market with the market.
Reversal: We must be good at competition, but also understand the "competition"
two "crocodile" protracted trademark disputes, which has aroused the extensive media and the public at home and abroad and the public focus on.
Although the tit -for -tat in the court, when talking about the significance of this dispute, the perspective of the Singapore crocodile agent Tao Xinliang and the agent of French crocodile Huang Hui are the same. After the legal conflict that occurred in the Chinese market after entering the Chinese market, the court's final judgment will provide effective practice for new intellectual property issues in the context of economic globalization.
The intellectual property expert and associate professor of the School of Law of Peking University analyzed that, with the promotion of economic globalization, many foreign companies "came in" and many Chinese companies "went out", involving intellectual property rights, involving intellectual property rights Disputes are increasing. If Chinese companies want to be bigger and strong, they must take the road of independent innovation, create and maintain their own brand, have independent intellectual property rights, and any imitation or "ride" behavior may be cheap in front Not far. In addition, enterprises must have a heart and vision, asking for survival, development, and cooperation. We must be good at competition, but also understand "competition". Instead of fighting each other, it is impossible to fight for the same difference and seek common development. (Finish)
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