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    Fujian "Golden Cock" Sues Ningbo "Cock" Infringement

    2011/3/9 13:27:00 145

    Trademark "Golden Cock" And "Rooster"




    The picture shows: Ningbo Le Kark has the right to use "rooster" registered trademark.


    The picture shows the registered trademark of "golden rooster" owned by Fujian mojk, and the Golden Rooster icon, which has been accused of infringement by Ningbo music Kark in practice.


    Yesterday, Fujian "golden cock" and Ningbo "cock" in the Yinzhou District court of intellectual property trial court again.

    In fact, the two trademarks that are similar in shape and belong to different companies are already multiple belligerent courts.


    Formerly used for clothing.

    trademark

    Dispute arising


    Let's first review the disputes between the two sides.


    "Golden rooster" is an old shoe brand in Shanghai. Now it is owned by mojic shoes and clothing company in Jinjiang, Fujian. "Rooster", the world-famous sportswear brand, and the joint venture company of Ningbo Shanshan banner, Le Kark clothing company, has the right to use this commercial symbol in mainland China since 2004.


    In 2009, Ningbo music Kark pushed Fujian's moik to the defendant's seat in Wenzhou. He thought that the other side was "near the famous brand", and the costumes for producing similar icons with the "rooster" trademark constituted trademark infringement.

    Wenzhou intermediate court decided on the first instance, and Kark of Ningbo won the lawsuit.

    Moji, Fujian refused to accept the appeal to the Zhejiang provincial high court.

    Zhejiang Provincial High Court upheld the first instance decision, and Fujian's Mok in the second half of last year filed a retrial application with the Supreme Court, and the result was rejected.


    Now for

    shoes

    Further disputes over the trademarks used


    Just when everyone thought that the dust had settled, Fujian mojk recently sued Kark, a court in Wenzhou and Ningbo, in the court of Ningbo, and thought that the "rooster" trademark on the shoes produced by Ningbo Kark was similar to the "golden rooster" trademark.


    "Last week in Wenzhou, this time in Ningbo."

    Kark, a lawyer from Ningbo, said.

    The plaintiff, Fujian Mok, asked the judge in court yesterday to decide that the defendant Kark of Ningbo stopped the infringement and immediately stopped producing and selling shoes and similar commodities that used the "cock" trademark.


    During the trial, the plaintiff carried a "rooster" produced by Kark, a Ningbo box without unsealing.

    brand

    The shoes are handed to the judge.

    Previously, in order to obtain material evidence, they purchased 2 pairs of "cock" brand shoes produced by Ningbo music Kark in Wenzhou and Ningbo respectively.


    It is understood that Fujian's "Jinji" brand clothing and footwear produced by mojic are not sold in Ningbo.

    {page_break}


    Yesterday's trial lasted more than 2 hours, and the two sides were unwilling to mediate. The judge did not pronouncement the sentence in court.

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