The Copycat JACK&JONES Is On The Beijing Court.
Unauthorized registration of JACK&JONES official website (www.jackjonescn.net), selling "JACK&JONES" and " jack "Jones" trademark clothing, fashion fashion (Tianjin) Co., Ltd. will be the operator of Ms. Cui and Mr. Du to the court.
The fashion company believes that the defendant's behavior has seriously infringed the plaintiff's legitimate rights and interests, causing huge economic losses to the plaintiff, and should bear the legal responsibility of stopping infringement, eliminating the influence and compensation for damages.
In April 26th, the Haidian District people's Court of Beijing concluded the case.
The court found that the company was authorized to enjoy the use of the "JACK&JONES" trademark and the right to file a tort suit in China. The company is also the registrant of the "Jack Jones" trademark.
The company has set up many stores in Beijing, Shanghai and other large and medium-sized cities, selling clothing that uses "JACK&JONES" and "Jack Jones" trademark. It has a high market share and popularity.
In 2008, the company found a website called www.jackjonescn.net, which is known as JACK&JONES official website and JACK&JONES Chinese website (hereinafter referred to as JACK&JONES Chinese net).
Sale
Counterfeit "JACK&JONES" and "Jack Jones" brand clothing.
In Baidu, Google and YAHOO China network search keywords such as JACK&JONES, Jack Jones, JACK&JONES official website and Jack Jones official website, the first or second search results are JACK&JONES Chinese web.
The website includes "J&J" files, "trend trends", "wonderful moments", "media Periodicals", "FANS clubs", "discount stores" and other columns, including JACK&JONES brand's history, products, design concepts, and development history.
In discount stores, a large number of JACK&JONES clothing, which is known as the authentic brand, is listed, and the number, style, size, introduction, etc. are indicated.
Discount price
And the counter price.
Consumers can make purchases through Alipay and bank pfer and remittance.
The clothing sold on the website is marked with JACK&JONES, JACK&JONES and other labels on the packaging bags, labels, tag, clasp buttons and cuff links. The "Jack Jones" trademark and the name and address of the bestseller are marked on the certificate.
According to the investigation, the domain name registrant of the website is Mr. Du, the defendant, and is responsible for the defendant, Mr. Cui.
The company was told two to the court.
After hearing the trial, the court held that Mr. Cui and Mr. duo used the same or similar trademarks as "JACK&JONES" and "Jack Jones" in the publicity, introduction and paction of the same commodity without the permission of the trademark owner, and sold the commodities infringing the exclusive rights of the trademarks. The act was caused by the relevant public who mistakenly believed that the owners of all the domain names and websites and the providers of the clothes were the trademarks of the trademark owners.
According to the paction data obtained by the court to Alipay, Mr. Cui only sold more than 10 thousand and 6 times of infringing clothing through Alipay account from January 2008 to February 2010, and the successful paction amounted to more than 280 yuan. In addition, there were "21 yuan for the buyer's payment, waiting for seller's delivery", "seller's delivery, waiting for buyer's confirmation" and "waiting for buyer's payment".
The facts of the case show that the infringements are widespread, illegal profits are huge, and the consequences of infringement are serious. The two defendants are obviously malicious.
Finally, the court ordered the two defendants to stop selling the infringing clothing, close the infringing website, stop using the jackjonescn.net domain name, pfer the registration and use the domain name by the plaintiff, issue a statement in the relevant media, eliminate the influence, and compensate the plaintiff's economic losses and litigation expenses totaling over 190 yuan.
After the sentence, the company expressed compliance with the verdict. Mr. Cui and Mr. Du did not specify whether to appeal.
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