Chanel Zegna Sued Chongqing Luxury Store
Plaintiff: unauthorized use of trademarks in shopping malls
Court trial,
Chanel
The company sued that Kim Mei Xi department stores sold Chanel perfume and bags in the shopping mall, and sold Chanel's registered trademark "Chanel" and the classic "CC" graphic logo on Chanel's perfume counters.
At the same time, in the sale of Chanel bags window, door and other places also used the "Chanel" trademark.
During the trial, Chanel's attorneys provided 3 notaries for the notary office of Chongqing, each containing a CD-ROM attached to the notarial certificate.
A total of more than 300 photos in the three CDs were taken in three different periods before September 2012.
The plaintiff showed these photos in order to prove that Kim Mei si used "window", "outdoor advertisement", "counter" and "floor index sign" in shopping malls.
Chanel
"CC" has been used in some places, which has infringed Chanel's trademark right.
This is misleading consumers.
During the period of proof, the plaintiff's attorney also produced a copy of the notice of rectification ordered by the business department to Kim Mei Xi department store.
Lawyers said that in April this year, Chanel reported to the industry and Commerce Department, and the business sector conducted an investigation of the shopping malls.
The plaintiff's attorney also produced a copy of the promise letter of Kim Mei Xi department's promise to stop the infringement, proving that Kim Mei Xi Department has admitted that the unauthorized use of Chanel's registered trademark is a tort.
However, in September of this year, Chanel found that Jin Mei Xi department store still had no rectification.
The plaintiff's attorney finally produced a brochure of Kim Mei Xi department store, which also used Chanel's registered trademark.
"It's easy for consumers to think that this is Chanel store."
The plaintiff's attorney stressed that these practices in Kim Mei Xi department were suspected of misleading consumers and were unfair competition.
Chanel asked Kim Mei Xi to stop infringement and unfair competition, and filed a claim of 300 thousand yuan.
Defendant: there is a problem with all the evidence photos.
"Brochures are not
Market
Made. "
The defendant's attorney also stressed that even if the trademark of the other party was used, it was also an indicative use without infringement.
At the same time, the attorney thinks that the other party has no evidence to prove that they are infringing, because all the photos of the plaintiff provide proof of infringement.
The defendant's lawyer pointed out that there were differences in the time taken to photograph the photos and the time shown in the photos on the two notaries. Some of the photos showed the shooting time in 2007.
The plaintiff lawyer explained that this may be the time when the cell phone or camera was not set accurately during the shooting.
The defendant's attorney then pointed out that all the photos in the other notarization of the plaintiff were photographed with a watch with a photographic function.
"The way they collect evidence is illegal first."
They want to monopolize the market.
At the time of proof, the defendant attorney took out 7 thick customs declaration lists and a contract with a company, which purchased goods from a company authorized by Chanel in Italy.
"We sell Chanel goods through parallel imports, which is legal."
The defendant's attorney said Kim Mei Xi department store is a major shopping mall that sells multiple international luxury brands through parallel imports.
Because the plaintiff's attorney did not provide the court's order for rectification and notification to Kim Mei Xi department store, and Kim Mei Xi Department promised to stop the original infringement material.
So the attorney of the defendant thinks the evidence is not feasible.
"If they do this, they probably want to monopolize the market."
The attorney of the defendant thinks that this may be the real purpose of the plaintiff.
At 12 noon, the judge announced that he would adjourn the court for sentencing.
Deep: many international luxury brands will sue Chongqing businessmen.
Yesterday afternoon, the world-famous Italy menswear brand Zegna filed suit against the trademark infringement case of Kim Mei Xi department store.
The content of Zegna's prosecution is that Kim Mei Xi department used the Zegna brand's registered trademark in the shopping malls, counters and other places.
Chanel's two principal attorneys represent Zegna.
The judge announced the sentencing date.
Later, reporters interviewed Luo Zhenghong, a plaintiff attorney from a law firm in Beijing.
He said it was the first time for international luxury brands to concentrate on prosecuting businesses.
Luo Zhenghong disclosed that, next, especially in December, he will represent several international luxury brands, accusing several businessmen in Chongqing.
At present, these cases have been filed in Courts such as municipal intermediate hospital, Fifth Central Hospital and other courts.
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