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Tesco Xhenzhuang Shop Was Sentenced To Pay 220 Thousand Yuan For Selling Fake Sports Shoes.

2008/3/14 0:00:00 10625

Counterfeit

Last year, after being sentenced to pay one hundred thousand yuan for selling fake "PUMA" sports shoes, the supermarket of Shanghai Xhenzhuang Tesco life shopping Co., Ltd. (hereinafter referred to as "Tesco Xhenzhuang store") was also taken to court by the "PUMA" sports shoes manufacturer for the same reason. The first intermediate people's Court of Shanghai made a first instance judgment on the 14 day: it ordered the Tesco Xhenzhuang shop to stop infringement, and the announcement announced that it would eliminate the impact and compensate the manufacturer for an economic loss of 220 thousand yuan. The "PUMA" brand has been in the history of more than 50 years, and is one of the ten major sports brands in the world. Its manufacturer is a German registered company -- Rudolf Darth sporting goods company. In December 28, 1999, Rudolf Das company registered the logo of the leopard logo in China, and approved the use of commodities including clothing, shoes and hats. At the end of 2006, Rudolf dartler found that several large supermarkets were selling sneakers with PUMA similar logo, including big Rouga supermarket, Tesco supermarket and so on. In December 22, 2006, Rudolf Da stler, under the notary of the Shanghai notary office, commissioned a lawyer to carry out evidence preservation and bought a pair of "dragon step" sneakers at the price of 79 yuan in the Xhenzhuang shop of Tesco. Since then, Rudolf Darth company has filed a trademark infringement lawsuit against a Shanghai intermediate court, demanding that Tesco Xhenzhuang shop stop infringement, publish a statement and compensate for economic losses of 500 thousand yuan. During the hearing of the case, Rudolf Darth company also presented to the court a pair of "Austrian" sports shoes purchased by the staff at 89 yuan price in Tesco Xhenzhuang store in January 3, 2007. The company thought that the leopard pattern marked on the shoes also infringed the trademark right of "PUMA". Tesco Xhenzhuang shop argues: as a retailer, Tesco shop in Xhenzhuang did not know that the merchandise sold infringed the exclusive right to use the registered trademark of Rudolf Darth company while selling sports shoes. The store believed that the sports shoes were legitimate sources and there was no infringement intention. Since the second purchase of "Austrian race" sports shoes was not notarized, the shop denied that the shoes were sold by itself. After the trial, the court held that although the purchase process of the "Australian family" was not notarized, it could be identified according to barcode, invoices, labels and so on. It was confirmed that the shoe was sold by Tesco Xhenzhuang store. The court also believes that the "PUMA" brand and its leopard logo have a fairly high international reputation, and domestic consumers are very familiar with the brands and trademarks of Rudolf Darth company. Tesco Xhenzhuang store is a large supermarket engaged in commodity retailing. It is a business company with professional management experience. Its cognitive ability should be higher than that of ordinary consumers. Therefore, it should know something about PUMA registered trademarks. Tesco Xhenzhuang store sells infringing goods at large retail supermarkets at a low price, which will inevitably cause negative effects and economic losses to the good reputation of Rudolf Darth's registered trademark. Therefore, the court made the above decision. It is reported that Rudolf Darth company has been sent to the court for sale of counterfeit "PUMA" sports shoes by the big fat run Cambridge shop. The court ordered the big run fat Cambridge shop to compensate the economic loss of Rudolf Darth company by RMB 100 thousand yuan.
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