浙江假阿迪惩罚性赔偿案件

Categories:最新消息
Author:华讯知识产权
Origin:
Time of issue:2021-03-24 14:11
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(Summary description)近日，浙江省温州市中级人民法院公布了浙江首例知识产权惩罚性赔偿案件，知名品牌“阿迪达斯”二审胜诉，获赔百余万元。原告方阿迪达斯公司拥有“adidas”系列商标权，且知名度极高。被告阮某强、阮某义于2014年在温州出资注册成立了正邦公司。正邦公司于2015至2017年期间，先后三次被行政部门查获侵犯阿迪达斯公司“adidas”系列商标权的鞋帮产品，并被处以行政处罚，累计侵权产品数量高达17000余双。阿迪达斯公司就第三次行政违法行为对阮某强、阮某义提起民事诉讼，请求法院根据正邦公司的侵权获利并适用惩罚性赔偿制度赔偿判。一审法院认定正邦公司构成侵权，并赔偿阿迪达斯公司经济损失(含合理费用)人民币20万元。后阿迪达斯公司不服，提起上诉。温州中院二审认定天猫网、京东网adidas官方旗舰店中标注“adidas”系列商标的可供参考的正品鞋子的售价自189元/双到1799元/双不等。阿迪达斯公司2017年度会计报表披露阿迪达斯公司的毛利润率为50.4%。最终通过计算，法院认定阿迪达斯公司因侵权所遭受的利润损失为345779.28元。而正邦公司曾于2015年、2016年先后两次因生产、销售侵犯阿迪达斯公司商标权的鞋帮产品被处以行政处罚，且阮某强因本案侵权行为接受行政机关询问时表示知道被查获的鞋帮侵犯他人注册商标权，但是这些鞋帮销路好、利润高，表明其主观恶意明显，法院认为该公司在侵权数量上具有规模性，在时间上具有持续性，在后果上具有恶劣性，符合情节严重的特点。最终，法院决定以上述经济损失345779.28元的3倍，即1037337.84元为赔偿数额。阿迪达斯公司为本案诉讼支出了律师费等维权支出406788元，具有合理性，一并予以支持。综上，温州中院二审判决阮某强、阮某义连带赔偿阿迪达斯公司红济损失及维权合理费用107万余元。（转自知识产权杂志）

浙江假阿迪惩罚性赔偿案件

(Summary description)近日，浙江省温州市中级人民法院公布了浙江首例知识产权惩罚性赔偿案件，知名品牌“阿迪达斯”二审胜诉，获赔百余万元。

原告方阿迪达斯公司拥有“adidas”系列商标权，且知名度极高。被告阮某强、阮某义于2014年在温州出资注册成立了正邦公司。正邦公司于2015至2017年期间，先后三次被行政部门查获侵犯阿迪达斯公司“adidas”系列商标权的鞋帮产品，并被处以行政处罚，累计侵权产品数量高达17000余双。

阿迪达斯公司就第三次行政违法行为对阮某强、阮某义提起民事诉讼，请求法院根据正邦公司的侵权获利并适用惩罚性赔偿制度赔偿判。一审法院认定正邦公司构成侵权，并赔偿阿迪达斯公司经济损失(含合理费用)人民币20万元。后阿迪达斯公司不服，提起上诉。

温州中院二审认定天猫网、京东网adidas官方旗舰店中标注“adidas”系列商标的可供参考的正品鞋子的售价自189元/双到1799元/双不等。阿迪达斯公司2017年度会计报表披露阿迪达斯公司的毛利润率为50.4%。最终通过计算，法院认定阿迪达斯公司因侵权所遭受的利润损失为345779.28元。

而正邦公司曾于2015年、2016年先后两次因生产、销售侵犯阿迪达斯公司商标权的鞋帮产品被处以行政处罚，且阮某强因本案侵权行为接受行政机关询问时表示知道被查获的鞋帮侵犯他人注册商标权，但是这些鞋帮销路好、利润高，表明其主观恶意明显，法院认为该公司在侵权数量上具有规模性，在时间上具有持续性，在后果上具有恶劣性，符合情节严重的特点。

最终，法院决定以上述经济损失345779.28元的3倍，即1037337.84元为赔偿数额。阿迪达斯公司为本案诉讼支出了律师费等维权支出406788元，具有合理性，一并予以支持。综上，温州中院二审判决阮某强、阮某义连带赔偿阿迪达斯公司红济损失及维权合理费用107万余元。

（转自知识产权杂志）

Categories:最新消息
Author:华讯知识产权
Origin:
Time of issue:2021-03-24 14:11
Views:

Information

近日，浙江省温州市中级人民法院公布了浙江首例知识产权惩罚性赔偿案件，知名品牌“阿迪达斯”二审胜诉，获赔百余万元。

原告方阿迪达斯公司拥有“adidas”系列商标权，且知名度极高。被告阮某强、阮某义于2014年在温州出资注册成立了正邦公司。正邦公司于2015至2017年期间，先后三次被行政部门查获侵犯阿迪达斯公司“adidas”系列商标权的鞋帮产品，并被处以行政处罚，累计侵权产品数量高达17000余双。

阿迪达斯公司就第三次行政违法行为对阮某强、阮某义提起民事诉讼，请求法院根据正邦公司的侵权获利并适用惩罚性赔偿制度赔偿判。一审法院认定正邦公司构成侵权，并赔偿阿迪达斯公司经济损失(含合理费用)人民币20万元。后阿迪达斯公司不服，提起上诉。

温州中院二审认定天猫网、京东网adidas官方旗舰店中标注“adidas”系列商标的可供参考的正品鞋子的售价自189元/双到1799元/双不等。阿迪达斯公司2017年度会计报表披露阿迪达斯公司的毛利润率为50.4%。最终通过计算，法院认定阿迪达斯公司因侵权所遭受的利润损失为345779.28元。

而正邦公司曾于2015年、2016年先后两次因生产、销售侵犯阿迪达斯公司商标权的鞋帮产品被处以行政处罚，且阮某强因本案侵权行为接受行政机关询问时表示知道被查获的鞋帮侵犯他人注册商标权，但是这些鞋帮销路好、利润高，表明其主观恶意明显，法院认为该公司在侵权数量上具有规模性，在时间上具有持续性，在后果上具有恶劣性，符合情节严重的特点。

最终，法院决定以上述经济损失345779.28元的3倍，即1037337.84元为赔偿数额。阿迪达斯公司为本案诉讼支出了律师费等维权支出406788元，具有合理性，一并予以支持。综上，温州中院二审判决阮某强、阮某义连带赔偿阿迪达斯公司红济损失及维权合理费用107万余元。

（转自知识产权杂志）

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Electronic Arts pledges free use for five accessibility patents

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