Jewelry News: Shop No. 1 because Vending Cartier diamond ring defendant
Recently, the Pudong court, “the 1st shop” selling “Cartier style” diamond ring caused two trademark infringement, unfair competition disputes first instance verdict, the defendant company was sentenced to three plaintiff to stop the infringement of registered trademark, damages 18 The company has ten thousand yuan Cartier brand “Cartier”, which is also well-known trademark “Cartier” of the trademark owner.
Benefits of the new jewelry company produces commodities, real benefits and more companies after its purchase of goods in the 1st store sales, merchandise information in the “Ailuyisi diamond ring Cartier classic style”, “Cartier by Louis Series Ring should be included and the wearer Affinities personality merged with finger perfect match “and so on.
The court held that, in the dream carat company cases, the company uses the same word with the plaintiff trademark “Cartier” in the product information, and easy to make consumers “Cartier” has become a misconception ring style, design and other aspects of the generic name with the aid of the plaintiff deliberately intentional brand to attract consumers, their behavior significantly weakened the plaintiff trademark, reducing its role in identification, constitute an infringement of plaintiff’s registered trademark.
The company uses the “design style from century classic Cartier”, “Dream carat years and provide international brands Cartier jewelry and other diamond-producing traders cooperation, sharing the world’s top supply chain to ensure that the most pure diamond cut and high-quality” and so on , are obviously brand ride aboard the plaintiff, the plaintiff cling brand awareness and reputation, easy to make consumers the quality of their goods, raw materials, style and other commodities and the plaintiff same classic, luxury and other aspects of misunderstandings, false propaganda constitute unfair competition .
Yi real multi-company well-known online supermarket shop No. 1 in the sales of goods set up shop at the same time also provides network services for network users dream carat company opened online sales in the 1st jewelry store commodity production, commodity information in “18K diamond ring Cartier diamond ring crown paragraph century classic”, “design style from century classic Cartier”, “Dream carat years and provide international brands cartier bangle white gold jewelry and other diamond-producing traders cooperation, sharing the world’s top supply chain to ensure the purest diamonds The cut and high-quality “and so on.
And more companies to benefit real dream carat company providing e-commerce trading platform, has fulfilled a reasonable duty of care, does not constitute an infringement cases in the benefits of the new company, the court for the same reason and dream of cases identified carat company sells more real benefits, benefits there is a new production company commodity information infringing content, constitute an infringement of the plaintiff registered trademark, but the two defendants used by the company “cartier love bangle silver that included Louis series and the wearer’s personality should be merged with the finger Xiangqi perfect match” and so did not Brand disparage the plaintiff nor the defendant merchandise associate, goodwill is not reached on the plaintiff trademark their commodities and lead to the degree of false propaganda misleading the consumer and does not constitute unfair competition.
