Women'S Shoe Company BELLE Sues Dongguan Houjie Shoe City Merchants For Sale.

< p > famous brands are now concentrating on the phenomenon of counterfeiting and selling, and the infringed companies have filed mass litigation.

This morning, the second court of Dongguan held a public hearing on 8 cases of more than 40 "BELLE" rights protection series that have been accepted this year.

It is reported that last year, BELLE had heard more than 50 cases of infringement on shoes city and merchants.

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< p > December 2012, Xin Bai Li < a href= "http://www.91se91.com/news/index_c.asp" > shoe industry < /a > (Shenzhen) Co., Ltd. (hereinafter referred to as "BELLE company") filed a lawsuit against the second people's Court of Dongguan, suing a shoe city management company and many small businesses in Liao Ha Village, Houjie Town, Dongguan. It was considered that the other party infringed its trademark right, demanded to stop the infringement immediately, and jointly compensate for its economic losses.

Including the 8 cases in court today, the second people's Court of Dongguan has accepted more than 40 related series this year, and the claims amount in each case is 30 thousand yuan.

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< p > BELLE company said in its trial today that Lihua company has been approved by the Trademark Office of the State Administration for Industry and Commerce and has obtained the exclusive right to use the trademark of BELLE Series in twenty-fifth categories of shoes and boots.

Lihua company allows BELLE to exclusively use the trademarks mentioned above in mainland China, and authorizes BELLE to stop the infringement of the exclusive right to use the trademark in its own name and to pursue the corresponding tort liability.

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< p > BELLE and approved by the Trademark Office of the State Administration for Industry and Commerce and obtained the exclusive right to trademark "Staccato", "STACCTO", "TATA", "Tata" and "Teenmix" in twenty-fifth categories of shoes and clothing.

These trademarks are well-known trademarks.

In addition, a number of shops in shoe city have sold a large number of footwear products infringing on the exclusive rights of the trademark in wholesale and retail way, which seriously affected the sales market and brand image of their exclusive establishments, and also affected the rights and interests of consumers.

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< p > March 2011, BELLE sent a letter to the establishment and management company of shoe city, asking it to stop infringement, but the other side ignored it.

In July 2011, BELLE filed a lawsuit against the Dongguan Municipal First People's Court on the infringement of the involved mall. The mall management participated in the trial and knew the infringement. However, in the process of litigation, a large number of infringement cases occurred in the shops and shops involved.

Therefore, BELLE had to continue to preserve evidence of infringement on the shops in July 2012.

BELLE believes that in addition to the outdoor business, shoe city's management company knows that the infringement of the shops has not been effectively handled, and should also be liable for compensation.

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< p > for BELLE company's alleged "a href=" http://www.91se91.com/news/index_x.asp "fake shoes < /a" and related notarization, mall management companies and merchants said they could not confirm that the notarial seal was the product sold by merchants.

They also questioned the notarial evidence: some notarial documents recorded that the notary public's notarization and evidence collection time was Saturday, not the normal working hours of the notary office.

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< p > the mall management company argued that when signing the lease contract, the manager of the mall indicated that the merchant should be lawfully operated, and also had the initiative to carry out the honest business activities, which has fulfilled the obligations of the lessor.

As a rental unit, it is only limited to supervise the law-abiding operation of the shops involved.

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< p > the acting lawyer of the merchant said that some of the counterfeiting people in the society have joined hands with lawyers in the "fishing" phenomenon, questioning the legality of the lawyer's behavior.

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< p > the management companies and merchants in the mall believe that when BELLE company has prosecuted in bulk, they have used the principal-agent contract for lawyers' fees. According to its content, each case pays a lawyer fee of 20 thousand yuan, while BELLE claims 30 thousand yuan for each case. BELLE has the suspicion of making a malicious lawsuit in the name of safeguarding rights in order to earn lawyer fees.

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In P, the parties failed to reach a conciliation in court.

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< p > there is an insider saying that the phenomenon of selling fake goods in shoe city is not uncommon in < a href= "http://www.91se91.com/news/index_p.asp" > Dongguan < /a >.

There is a phenomenon of selling and selling in shoe city, but many defendants feel a little injustice: the price of shoes is from tens of yuan to 100 yuan, and the profit is very low. Consumers think that the price is acceptable, knowing that it is fake and willing to buy.

If the court summons are received one after another, it is estimated that many businesses will be relocated.

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< p > reporter learned from the second court of Dongguan that the hospital had accepted more than 50 cases of BELLE company v. shoe city and merchants' infringement cases last year. Most of them had reached a compensation agreement to settle a case or conclude a case.

This year, the hospital has accepted more than 40 similar cases of BELLE company, and now many cases are under further trial.

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