Intellectual Property Owner's Lawful Rights Should be Protected with ...

Oct 22, 2012

Forged Adidas, three-strip was become four-strip. In the approaching of the twelfth World Intellectual Property Day, Shenyang's Intermediate People's Court's campaign of intellectual property's propaganda week was opened yesterday, at the same time, the classical cases on intellectual property rights were declared. These cases have wide social influences and significant legal significance.
Why there are four strips on the sports shoes? Actually, they are not Adidas shoes. Being pretended to be Adidas with one more strip added on the shoe sides, consequently, a compensation of 30,000RMB was paid for due to violation.
Adidas CO. LTD, short for Adidas achieved registered brand of G730835 in China, i.e., the brand being applied to 25 types of commodities and the approved commodities are shoes containing sneakers and casual shoes. This brand is in the effect period of trademark law protection.
A certain Guangzhou sportswear CO. LTD arbitrarily used a mark which is similar with Adidas symbol and changed three-strip into four-strip without the authorization of Adidas. Adidas deems its conduct as trademark infringement.
Via contrast, the court acknowledged that the ratio shaped by both strips' location, height, width and the shoes' body are approximately the same. The slashes were stretched from the backward to the forward with a fixed angle of inclination and the four-strip's inclination is approximately the same with the three-strip brand's inclination. Both sides of the slashes were respectively linked with the edges of the sole and the vamp.
On the basis of the court, the respondent, a certain sportswear corporation in Guangzhou ornamented Adidas symbol on the accused products without ratification, which could let the relevant public cause false reorganization to the products' origin or regard their origin has given relation with the accuser's products under common attention. Consequently, the defendant was constituted the infringement to Adidas trademark's exclusive right. The defendant was pronounced to cease its infringing action and compensate the accuser's economic loss of 30,000RMB.
The case refers to how to affirm the trouble of brands' similarity, which belongs to a tough problem among the cases of brand private right's violation. This case not only protected intellectual property owner's legitimate rights effectively, but also considered the developmental characteristics in our country's economic mode's transformational period, and a fair judgment was made, which has played a positive role in regulating our country's market economy as well as promoting intellectual property's international protection.
Adidas CO.LTD is a world famous sportswear designing manufactures and whether the exclusive use of its registered trademark could gain timely protection or not will certainly generate international influences. Before then, in our country's similar cases, there was no approved precedent that four-strip symbol infringed three-strip symbol, hence it achieved breakthrough importance

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Source: http://www.artipot.com/articles/1412696/intellectual-property-owners-lawful-rights-should-be-protected-with-effect.htm

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