A Garment Company in Shaoxing Ordered to Pay Damages for Irresponsible Trademark Labeling

File No. N080506

Title: A Garment Company in Shaoxing Ordered to Pay Damages for Irresponsible Trademark Labeling

Source: epaper.shaoxing.com.cn

Date: April 25, 2008

Without the permission of Lacoste Co., Ltd, Shaoxing Shulan Knitting and Garments Co., Ltd. labeled the garments it manufactured with the crocodile trademark and paid a heavy price.  Yesterday, Shaoxing City Intermediate People’s Court ordered it to stop the infringing act and pay damages for economic losses in the amount of RMB 200,000.

Lacoste Company was established in 1933 in France and it registered the crocodile trademark in the same year.  Over the years, the crocodile trademark acquired high fame and reputation around the globe.  In China, Lacoste Company registered the crocodile graphic trademark and the verbal trademark “LACOSTE” on various goods starting from 1980.  

Shulan Co. labeled the 399 boxes of men’s T-shirts it manufactured with the trademark “LACOSTE” and the crocodile design without Lacoste Company’s permission, and declared the said goods, with a declared value of US $57,436, at Shanghai Customs for export in October of 2007.  Lacoste Company subsequently brought an action against Shulan Company, charging Shulan Company with infringing on its exclusive rights to use the said trademark, requesting injunction and damages in the amount of RMB 500,000.

Even though Shulan Company tried to disclaim the charge by pointing out the differences between the trademark it used and the trademark the plaintiff held the rights to, and the fact that it did not make a sale and did not earn a profit, the court ruled in favor of the plaintiff, ordering injunction and awarding damages in the amount of RMB 200,000.

 

What did you think of this article?




Trackbacks
  • No trackbacks exist for this entry.
Comments
  • No comments exist for this entry.
Leave a comment

Submitted comments will be subject to moderation before being displayed.

 Enter the above security code (required)

 Name

 Email (will not be published)

 Website

Your comment is 0 characters limited to 3000 characters.