Dispute Between Left And Right Sides

France " LACOSTE Right mouth crocodile and Singapore's " CARTELO "Left mouth crocodiles compete for the" authentic "status of the Chinese mainland market.

One is France's "LACOSTE" and the other is Singapore's "CARTELO". Two clothing brands that use crocodile graphics as trademarks have recently launched in Shanghai in order to compete for the "authentic" status in the Chinese mainland market. Trademark infringement litigation 。

A few days ago, the second middle court of Shanghai condemned all the complaints of the French crocodile. The court held that two "crocodiles" did not constitute a trademark. confusion Sexual approximation. And from the actual market situation, the two already have their own consumer groups, and have formed an objective division in the market, becoming a distinguishable logo.

　　 The French "crocodile" took the lead.

Founded in the 30s of last century, the French "LACOSTE" is the first known crocodile brand. As early as 1980, the brand applied to the Trademark Office of the state for trademark, clothing, shoes, hats, bags and leather articles, including the word "LACOSTE" and the crocodile figure on the right side.

Singapore's "CARTELO" was born in the 50s of last century. After the development of the market in China, Hongkong and Japan, the brand entered the mainland market in 1993. Apart from the word "CARTELO", there is also a crocodile figure in the registered trademark of the brand. However, the crocodile's mouth opening direction is on the left side, contrary to the French "LACOSTE".

The "crocodiles" of France bought Singapore's "crocodile" clothing, shoes and hat products from Shanghai, Chengdu, Xi'an and other markets. By comparison, the French "crocodile" felt that the crocodile logo used in Singapore's "crocodile" related products was the same or similar to its crocodile figure. Thus, the "crocodile" of France brought the Singapore "crocodile" and the two enterprises producing clothing and footwear products to the court. On the grounds of trademark infringement, it not only required Singapore "crocodiles" to destroy all products and packaging, but also made a public apology in the media and a claim for damages for damages of 1 million yuan. {page_break}

　 The two sides had a history of reconciliation abroad.

In the face of the complaint from the French counterparts, Singapore has nearly 100 stores in the mainland market. crocodile Of course, it can not afford to lose.

In the trial, Singapore "crocodile" argued that the graphic trademarks they used were different from French "crocodiles". In the process of long-term market formation, the graphic trademarks of both sides have become more and more confused with consumers' recognition.

Singapore "crocodile" also disclosed that as early as 1969, the two companies had had a battle in Osaka, Japan because of graphic trademarks. After four years of struggle, the two sides reached a settlement agreement in the high court of Osaka. At that time, Singapore "crocodile" made concessions, and agreed that the French "crocodile" registered the crocodile graphic trademark in the Japanese market.

Ten years later, the two sides signed a deeper settlement agreement. The agreement includes: ending and finally resolving all the disputes between the two parties, and working together against the third party infringers. The two sides recognize each other's trademarks and intend to cooperate in other parts of the world.

Based on the above facts, Singapore "crocodile" proposed that they and France "crocodile" have reached a tacit understanding of coexistence development, and the two sides should recognize each other in Japan, Indonesia and Malaysia.

　　 The key to this case is looking at something different.

Does the Asian version of the left mouth crocodile make people look like the European version of the right mouth crocodile?

First look at the "right mouth crocodile": black and white graphics, crocodile head to the right, crocodile body full of massive scales or horizontal stripes; color graphics, the crocodile head also to the right......

Look at the "left crocodile": in black and white graphics, the crocodile head goes to the left, the crocodile scales are three-dimensional, and in the color graph, the crocodile head goes to the left.

According to the judge, because of the difference in head orientation, shape, scale and color of the two crocodiles, although the two types of figures have some similarity, the difference is obvious.

In addition, Singapore "crocodile" in the use of trademarks, usually the graphics and "CARTELO" characters used together. This is obviously different from the practice that the French "crocodile" usually uses graphic trademarks alone.