"Small Golden Egg Flagship Store" Compensation For Trademark Infringement Adidas 1 Million 200 Thousand Yuan

The picture shows suspected infringing goods sold by other Taobao stores.

Tmall shop is now unable to find any infringing goods.

"Double 11" will arrive soon, preparing for war.

A bad news came from the Tmall store "little egg flagship store": they had to pay compensation in a trademark infringement case.

The company is 1 million 200 thousand yuan.

In the trial of this case, the "small golden egg company" argued that it used the "four bars" and "four leaf grass" logo, which is different from Adidas's famous "three bars" and "clover".

But the judge of the Ouhai court of Wenzhou, who heard the case, did not think so.

Infringement shoes sold 150 thousand pairs of Adidas claims 3 million yuan

In September last year, Adidas's agent bought 3 pairs of shoes at the online shop of Tmall's flagship store.

Adidas believes that the trademarks of these 3 pairs of shoes have infringed the exclusive rights of Adidas's three trademarks, three slash marks, three stripes trademarks and Clover trademarks.

In May 16th of this year, Adidas took the 3 pairs of shoes and went to the Ouhai court to prosecute the actual operator of the "golden egg flagship store" and Wenzhou Xiaojin egg Trading Co., Ltd.

Adidas said that according to the paction records, the sales of shoes involved were huge. Since the first half of 2015, more than 150 thousand pairs of infringing products have been sold, and the sales amount exceeds 10 million yuan.

Adidas asked the other party to stop producing and selling the products involved in the case and compensate for the economic loss of 3 million yuan.

The reporter has learned that the compensation amount of 3 million yuan is the upper limit of trademark infringement compensation stipulated in the trademark law.

Little golden egg says that he is the four bar and will not mislead consumers.

After the prosecution, Adidas applied for property preservation and evidence preservation to the Ouhai court.

Subsequently, the Ouhai court froze the deposit account of the small golden egg company 1 million 500 thousand yuan and the Alipay balance 1 million 500 thousand yuan, and went to the small gold egg company's business premises, seized the lawsuit infringing product.

During the court hearing, the little egg argued that he was involved in the sale.

And so on, different from Adidas.

Some of the trademarks on the upper are "four bars" and others are "four leaf clover".

Small gold egg company official also said that Adidas search on the Internet, will not be related to their company's product information, will not mislead consumers, so did not infringe Adidas's exclusive right to trademark.

In addition, Xiao Jin egg company also said that the amount and amount of sales are not consistent with the contents of the web page because of the situation of the existence of the brush and the return of the goods.

The court decided that the golden egg would stop infringement compensation for Adidas $1 million 200 thousand.

After hearing the court in Ouhai, the trademark of Adidas registered in the Trademark Office of China was considered to be protected by Chinese law. The small gold egg company used the logo similar to the registered trademark of Adidas on the shoes involved, violating Adidas's trademark right.

In addition, the operation mode of the small golden egg company is online sales, involving consumers beyond the limits of geographical space, the duration of infringement is longer, and the sales volume of infringing goods is as high as about one hundred thousand pairs.

The court of Ouhai ruled in court: Wenzhou Xiaojin egg Trading Co., Ltd. immediately stopped infringement and compensated Adidas for its economic loss of 1 million 200 thousand yuan.

The case judge said that without the permission of the trademark registrant, the act of using the same trademark or similar trademark on the same commodity or similar commodity is a tort.