through seven good company of careful management, woodpeckers men gradually become the mainstream product brands, enjoys high popularity and reputation. But there comes a lot on the market have different prefixes, "Woodpecker," a helpless "Woodpecker" into a "chaotic array of birds." "Woodpecker" pecking began struggling against birds of chaos, in support of the business sector, and actively protect their exclusive right to intellectual property.
seven good company in the market survey found that individual owners Wang Qiang Harbin wholesale baseball hats without the "Woodpecker" logo text, graphics and letters and other mens shoes on the use of its products, and on its Web site "Chinese Woodpecker" on publicity. Wang Qiang, seven good company then has sued Harbin Intermediate Peoples Court, ask the court to confirm the woodpeckers text, graphics and letters registered trademarks of well-known trademarks in China; requested the defendant to immediately stop acts of trademark infringement of the plaintiff.
in court, the defendant argued that the site is registered according to law; only the plaintiffs trademark is not registered in the clothing goods, including footwear, so there is no infringement of the plaintiffs trademark, and the plaintiff sought damages amount no basis in fact.
a lawsuit "playing" a well-known trademarks
the focus of dispute in this case is: whether the plaintiffs registered trademark as well-known trademark, the plaintiff, the defendant trademark of its mens shoes on the establishment of woodpeckers website is an infringement of the plaintiffs trademark, and how to determine the defendants responsibility.
Court held that: based on "Trademark Law", based on well-known trademarks cheap new era hats are mainly based on the trademark registration, use, publicity and awareness, etc., "Woodpecker" meet the above conditions.
First, the plaintiff since 1993, will be in the 25 categories of clothing, leather goods category 18, Class 35 Business management, approved and registered the "Woodpecker", "bird graphics", "TUCANO" and The wholesale new era hats combination of trademark, forming a more complete system of trademark protection.
Second, the plaintiff and stable product quality, textile and apparel products through a national quality inspection center, Guangzhou City, Guangdong Province and other new era hats textile fibers of the many quality inspection and testing, and established an extensive nationwide distribution network .
Third, the plaintiff produced a promotional album Woodpecker brand products, and investing heavily in major newspapers and television advertising and other media continue to promote the Woodpecker brand products. Through ongoing publicity campaign to the plaintiffs registered trademark has been known for the relevant consumers.