Recently, The Higher People’s Court of Zhejiang Province pronounced the verdict of the “rooster” trademark infringement: Ningbo Lecoqsportif finally won and was granted compensation in the amount of 80,000 Yuan.

 

The “rooster” trademark case started on October 24, 2008. The Ningbo Lecoqsportif, authorized by Descente, a Japanese joint-stock corporation, sued Xiamen Goldrooster Sporting Goods Co., Ltd., Shanghai Goldrooster Sporting Goods Co., Ltd., Morike Shoes and Clothes Co. Ltd. in Jinjiang City of Fujian Province and its dealer Mr. Liu for the infringement of “rooster” trademark. On April 7, 2009, Wenzhou Intermediate People's Court held a public hearing of this case.

In the verdict from Wenzhou Intermediate People’s Court, the three defendant companies applied the “rooster” trademark which was similar to that of the plaintiff on their sports wears, pants, T-shirts, socks and hats. Consequently, the relevant public may not tell the difference between the products of Ningbo Lecoqsportif from those of the defendants or may wrongly think there was specific relationship between the two. The four defendants were ordered to stop the infringement, and the three defendant companies had to pay compensatory damages of 80,000 Yuan, and make a public apology to eliminate the harmful effect.

 

The two defendant companies planned an appeal after the first trial. On April 12, 2010, The Higher People’s Court of Zhejiang Province made a final verdict which upheld the verdict of the first trial. Finally, the “rooster” trademark case was settled.

The phenomenon of free-riding against the well-known brand names is prevailing in the garment industry. Currently infringers start from the simple copy and rush registration so that their infringement stays hidden. Lecoqsportif showed its determination to fight against such trademark infringement and safeguard its own interest with legal weapons.

                                                                  Source: China Intellectual Property Report