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Zhejiang Fake Adi Punitive Damages Homes

Release time:

2021-03-24 14:11

Recently, the Intermediate People's Court of Wenzhou City, Zhejiang Province announced the first case of punitive damages for intellectual property rights in Zhejiang."Adidas" won the second trial and was awarded more than one million yuan.

The plaintiff, Adidas, owns“Adidas "series of trademark rights, and high visibility. Defendants Ruan Mouqiang and Ruan Mouyi invested and registered Zhengbang Company in Wenzhou in 2014. From 2015 to 2017, Zhengbang Company was seized three times by the administrative department for shoe upper products that infringed the trademark rights of Adidas "adidas" series, and was punished with administrative penalties. The cumulative number of infringing products reached more than 17000 pairs.

Adidas filed a civil lawsuit against Ruan Mouqiang and Ruan Mouyi for the third administrative violation, requesting the court to make a profit based on Zhengbang's infringement and apply the punitive damages system. The court of first instance found that Zhengbang constituted an infringement and compensated Adidas for economic losses.(including reasonable expenses) RMB 200000. After Adidas refused to accept, filed an appeal.

Wenzhou Intermediate People's Court of Second Instance Identified Tmall Network and Jingdong Networkadidas官Marked in Fang Flagship Store“The selling prices of genuine goods shoes with adidas series trademarks for reference range from 189 yuan/pair to 1799 yuan/pair. Adidas's 2017 accounting statement disclosed that Adidas's gross profit margin was 50.4 percent. Finally, through calculation, the court found that the loss of profits suffered by Adidas as a result of infringement was 345779.28 yuan.

While Zhengbang Company had been inIn 2015 and 2016, administrative penalties were imposed on the production and sale of shoe upper products infringing Adidas's trademark rights. Ruan mouqiang said when he was questioned by the administrative authorities for the infringement in this case that he knew that the seized shoe upper infringed others' registered trademark rights. however, these shoe uppers sold well and made high profits, indicating that their subjective malice was obvious. the court held that the company had scale in infringement quantity and continuity in time, in the consequences of bad, in line with the characteristics of serious circumstances.

In the end, the court decided to take the above economic losses3 times of 345779.28 yuan, that is, 1037337.84 yuan is the amount of compensation. AhDidas spent legal fees and other rights expenses for the lawsuit in this case.406788 yuan, which is reasonable and supported together. To sum up, Wenzhou Intermediate People's Court ruled in the second instance that Ruan Mouqiang and Ruan Mouyi would compensate Adidas for the loss of red economy and the protection of rights.Management costs107More than ten thousand yuan.

                                                  (From Intellectual Property Magazine)

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