Selling Fake LV Bags Wenzhou City South Asia Luggage Clothing Mall Was Awarded Lv8 Million

Yesterday, the Wenzhou intermediate people's court tried to hear the international luxury brand Louis Weedon Marley Siti (France) Company (hereinafter referred to as LV company) sued Wenzhou South Asia luggage.

A case of infringement of Shangcheng Limited (hereinafter referred to as "South Asia mall") was made and a first instance trial was made in court: the South Asian mall immediately stopped infringing on the four exclusive rights of registered trademark involved in LV company, and compensated the plaintiff for its economic loss of 80 thousand yuan.

It is reported that in addition to the case, LV company also filed 7 cases of infringement in the city, involving 5 individual businesses and 2 shopping malls.

Spend 50 yuan to buy "LV bag" accuse the mall, claim 500 thousand

There are 196 commercial locations in the South Asian mall, Lisa garden, which is located in the East Ring Road of the urban area, which mainly sells wholesale and retail bags.

In November 7th last year, LV's rights agents purchased leather bags, card bags and so on at 10 stores in South Asia mall at 50 yuan, 70 yuan and so on. The products were printed with "LV" logo.

The whole buying process was accompanied by notaries and notarized.

Last December 12th, the management unit of LV to South Asia mall, Wenzhou, South Asia.

The company issued a written warning letter to inform the business owner that there was a sale and sale in the mall, and requested that within 7 working days after receipt of the warning letter, effective measures were taken to prevent these merchants from selling the goods.

In March 1st this year, LV's rights agents again went to the mall with notaries and found that 6 merchants were still selling counterfeit LV products.

Accordingly, LV believes that the manager of the mall has responsibilities, so the South Asian mall is sent to the court to stop the infringement and compensate for the economic losses of 500 thousand yuan and reasonable litigation expenses.

The court sentenced the first instance to stop infringement and pay 80 thousand yuan.

In the trial, whether the existence of infringement and forensic procedures in South Asian mall is reasonable has become the focus of debate between the two sides.

The South Asian mall argued that it only rented the stalls for the vendors who sell the infringing bags. The sale behavior of individuals was not related to the mall. At the same time, the owners of the same stall had changed during the two rounds of evidence collection, and there was no duplication of infringement. In addition, merchants usually sold the "LV package" very carefully, and there was a flaw in the LV's notarization procedure.

South Asia mall said it had no enforcement power, and its management obligations and responsibilities were expanded by the plaintiff.

If we want to say that the South Asian mall is responsible, then the industry and Commerce Department as the administrative unit of market management is more responsible.

Therefore, the court is requested to reject the plaintiff's request.

The court held that

The exclusive right to register 4 registered trademarks is protected by law.

While the defendant in the South Asian mall, which was established and managed by the defendant, was accused of infringing products as a wallet and card bag, using the same logo as the registered trademark. The selling price was very low, which was only RMB 50~70 yuan. The manufacturing process was rough and should be judged as a counterfeit registered trademark infringing commodity.

The defendant, as the operator and operator of the South Asian mall, has the right to warn the merchants in the market to sell counterfeit and shoddy products, and to order them to suspend business for rectification.

However, after receiving the warning letter from LV company, the mall did not reply to the letter actively, and negotiated the correction method, nor did it request the local administrative department to take the inspection and punishment measures to the merchants who sell the infringing products, and did not take any management measures to the merchants who sell the infringing goods in the warning letters, so as to stop the infringement behaviors of the merchants.

Three months after the LV company issued a warning letter, the B3 booth in South Asia mall is still selling infringing products.

The above facts show that the South Asian mall fails to fulfill the obligations of managers, and there are subjective faults.

After the court hearing, the two sides conciliation failed. The court of the city intermediate people's court made a judgment in court. The act of South Asian mall constituted a violation of the exclusive right of registered trademark of LV company, and it should bear the corresponding tort liability.

South Asia mall immediately stopped infringement and compensated 80 thousand yuan.

LV also prosecuted 7 infringement cases.

It is reported that LV company, as a registered company in France, has 4 registered trademarks in China, including the handbags, wallets, key clips and so on.

Among them, the registered trademark of "capital letter LV" and "registered foreign trade mark" have been recognized by China's courts and the State Administration for Industry and commerce as well-known trademarks.

LV sells products only through its direct sales network, and has set up 38 stores in 30 major cities of China, including Beijing, Shanghai, Guangzhou and Wenzhou. The Wenzhou specialty store is located at Wenzhou International Hotel Plaza.

Reporters learned from the city hospital, in addition to this case, LV company prosecuted 7 other cases of infringement, has been filed in the city court.

Among them, 5 defendants were 5 self-employed households in South Asia mall and 2 defendants were two shopping malls near WenZhou Railway Station.

In the near future, the 7 cases will be heard in succession.