PEAK Sports Brand Rights Protection Civil Recovery To Make Up For Enterprise Rights Protection Costs

Recently, a judgment document made by the People's Court of Rui'an City, Zhejiang Province, was sent to the Quanzhou Famous Brand Research Association, the rights protection agency of Spike Sports. The thin two page document marks the first victory of PEAK Sporting Goods Co., Ltd.'s brand rights protection action in Zhejiang, and a landmark victory of the trademark rights protection action of Quanzhou's local well-known brands to actively protect their rights and claim compensation.

"At the same time, through the written judgment, it was confirmed that the defendant's production and sales behavior was trademark infringement, and it was required to stop immediately and not infringe the plaintiff's trademark exclusive right again, which purified the living environment of the plaintiff's brand." As the president of Quanzhou Famous Brand Research Association and a member of the practical expert group of Fujian Intellectual Property Protection Leading Group Office, Lin Dongliang handled the lawsuit for safeguarding rights. He told reporters that the civil recovery of trademark infringement marks that after the brand cultivation period, Quanzhou's brand began to enter the brand maturity period of active rights protection.

There are three ways to protect rights

In fact, PEAK's trademark protection action in Zhejiang has been deeply concerned in the article "Frequent counterfeiting and infringement of local brands - off-site rights protection to solve the" growing pains "" in the Japanese newspaper on December 6, 2012. At that time, enterprises were reminded that after investigation and treatment by the industry and commerce department, they could "claim compensation according to law through the subsequent civil claim procedure."

"Under the continuous attention of the media, we started the corresponding civil claim proceedings after waiting for the infringer to complete the statutory limitation of rights relief." Lin Dongliang told reporters that the subsequent civil proceedings usually do not need to collect additional evidence, and the effective administrative penalty decision made by the industry and commerce department is the most powerful evidence for the success of the proceedings.

"For trademark infringement, there are three common ways to safeguard rights. One is to entrust a notary office to notarize and collect evidence at the place of infringement; the other is to report to the industry and commerce department to make a decision on administrative punishment; and the other is to report the criminal act to the public security organ if the amount involved is especially large." Shi Chunpu, director of a law firm, told the reporter that no matter what method is adopted, after obtaining documents that can prove the other party's suspected infringement, the corresponding civil claims can be filed accordingly.

Civil recovery makes up the cost of enterprise rights protection

"Civil claims through trademark infringement can, to a certain extent, make up for the losses caused by the infringement to the production and operation of enterprises, as well as the costs incurred in the process of rights protection." In the view of the relevant responsible person of Fujian Aowei Trademark Office, the cost of local enterprises to build a well-known brand is expensive. Infringement and counterfeiting often take place in different places. On the one hand, they cause great damage to the intangible value of the brand, and on the other hand, they have greater concealment. It is difficult for enterprises to obtain evidence, and the cost of rights protection is high. The corresponding civil claims can make up part of the losses of the enterprise.