"Winnie the Pooh" Trademark Infringement: South Korea's Pooh to Claim

The body plush velvet and sturdy "Winnie the Pooh" is believed to be familiar to many young friends. It is a trademark of a brand clothing from South Korea.

However, in Ningbo, there are also many small shops or stalls that sell counterfeit “Pooh bear” clothes at a price of less than $20. Yesterday, the real "Winnie the Pooh" came to Ningbo and started a lawsuit for his own infringement.

488 pants, faked "Winnie the Pooh"

The Brown Bear and the “Teenie Weenie” trademark are registered trademarks of Korea Elander Co., Ltd. In the mainland of China, only Yi Lian (Shanghai) Fashion Trade Co., Ltd. (hereinafter referred to as “Clothing”) can use these two trademarks exclusively. .

On September 9 last year, according to the reports of the people, the Gaoqiao Industry and Commerce Branch of Luzhou Commerce and Industry Branch seized a pair of brown cubs and “Teenie Weenie” pants on the spot at the Yinzhou Oujie Garment Factory (hereinafter referred to as “Ouja Clothing”). 488 pieces.

The industrial and commercial department imposed a business penalty on Oujie Clothing and fined it 11,000 yuan.

"Clothing Love" Company believes that Oujie Apparel sells counterfeit "Pooh bear" brand clothing without permission, and the number is huge, which violates the relevant provisions of the Trademark Law and damages their goodwill.

On October 15 last year, "Clothing Love" Company sued Ou Jie's clothes on the Cangzhou Court.

Yesterday, the Cangzhou Court held a hearing to hear the trademark dispute.

Pooh: Apologize for the report, compensation 300,000

In the courtroom, "Clothing Love" Company believes that the 488 women's trousers investigated by Oujie Garments have their registered trademarks on the front of their waists, which constitutes infringement.

Subsequently, the "Clothing Love" company also cited the "Winnie the Pooh" trademark in a number of industry associations won awards, and claimed that they in order to safeguard the image of the brand, invested a lot of money.

"Clothing" company said that Oujie sold counterfeit goods and caused damage to their brand image. They demanded that Oujie costumes immediately stop infringing on the trademark; they reported apologizing; and compensated 300,000 yuan.

Ou Jie: Looking at the pricing, we know that we are fake and do not constitute infringement

Oujie apparel said that they are a small factory with only 67 employees. At the time, only 500 women's trousers bearing the brown bear logo were produced, of which 12 were sold and the price was 18 yuan/bar; actual sales. The price is 12 yuan/bar and the sales amount is 144 yuan. Therefore, according to the timely sales revenue, they did not cause any actual commercial impact on the “clothing and clothing” company, and they should not compensate 300,000 yuan.

Oujie apparel said: "Pooh bear" pants in the market are selling prices are more than 400 yuan, but they are printed with the "Pooh bear" logo pants price is only 18 yuan / article, so according to people's Daily experience can certainly distinguish between true and false. Therefore, it does not constitute infringement.

At the same time, consumers who buy hundreds of trousers and consumers with more than a dozen trousers are different groups and therefore will not affect their goodwill.

Oujie Clothing proposed that they would stop trademark infringement, but did not report an apology and reduce the amount of compensation.

Is this another commercial hype?

At the end of the trial, both parties expressed their willingness to accept mediation. However, due to differences in the specific amount of compensation between the two parties, the mediation failed to succeed on the spot.

After the trial, Yin Hang, a lawyer of Zhejiang Yinan Law Firm, an agent of the “Lianyi” company, received an interview with the reporter.

Yin Hang said that since September last year, they have successively infringed on the counterfeit “Winnie the Pooh” in Nanjing, Shanghai, Hangzhou and other places. In the Ningbo area, they sued two production counterfeit “Winnie the Pooh”. The factory, as well as three shops selling counterfeit "Winnie the Pooh".

Yin Hang said that next, they will also hold rights defense lawsuits in places like Wenzhou.

The reporter questioned whether the "Clothing" company has commercial hype for doing so, so as to carry out brand promotion?

In this regard, Yin Hang denied, he said, "Clothing" company to do so, just want to maintain the value of the brand, so that the fake "Pooh bear" as much as possible disappear in the market.