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"Gucci " brand obtains compensate by tort 180 thousand
From;    Author:Stand originally

Virgin at Italian Gucci group " Gucci " it is the luxury brand that is famous in the whole world, and imprinting " GG " the design of brand serves as " of the identity and fortune indicative " the various box bag that appears in Gucci, shoe kind in. Yesterday morning 9 when, court of Pudong new developed area adjudicated a case one case, jiangsu dark amounts to the 18th hundred of company, Shanghai to accompany limited company to stop pair of Italy Gu Qiao instantly the enroach on of trade mark right of Gu Xi joint-stock company; Dark amount to a company to compensate for a RMB even 180 thousand yuan.
Gucci company says, in August 2006, in Shanghai Pudong the 18th hundred is accompanied dark amount to shop to appear contain " GG " of brand women's sandal, used in great quantities on the lining cloth of shoe lining periphery of this shoe " GG " label, sale amount is 187 yuan. "Via us company authorization is used ' GG ' the lady sandal of designation of trade marks, in Hua Lianxin smooth general merchandise (Beijing) the price in limited company is 3690 yuan. " Gucci company thinks, dark the behavior that amounts to company and companion of the 18th hundred holds easy misdirect community, make the public produces mistake to the origin of this commodity, perhaps think to specific connection exists between this commodity and accuser by accident, made the inroad to accuser trademark right.
Dark amount to a company to think, what oneself produce is women's make clear on sandal tagged dark amount to brand, also be clear about on shoe box tag dark the company name that amounts to a company and graphical brand, at the same time shoe is in dark the shop sale that amount to, regard China as well-known logo, consumer won't cause mistake. In the meantime, still put forward experience case female shoe to go up " GG " the graph is not brand actually, the decorative pattern design that regards a shoe as material merely belongs to a kind " legend " .
The court thinks, dark amount to a company to be in women's use on sandal " GG " graph, consumer may think by accident dark amount to company and company of ancient Qiao Guxi to roll out experience case product jointly, or dark the manufacturing sale action that amounts to a company passes Guqiaoguxi of the company agree. When consumer wears experience case female shoe actually, other people cannot see by plantar cover " Senda-wom-an " mark, those who use is located in instead on lining cloth of shoe lining periphery " GG " the label is clear however and visible, this will bring about someone else to consume the mistake of the brand actually to purchaser, this kind of case can be reduced undoubtedly " GG graph " the value of brand, affect its to commend the play of action. Dark amount to a company to be opposite in this case the choice existence fault of shoe lumber material.
As to companion of the 18th hundred, the court thinks its acquire experience case female shoe legally as distributors, show without evidence its had known tort of experience case commodity when the sale, reason need not assume liability to pay compensation, but the sale that should halt experience case female shoe instantly.
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