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Shanxi Motian: clothes "wear" paint trademark infringement

Shanxi Motian: clothes "wear" paint trademark infringement

June 7, 2006

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Shanxi Motian industrial company sued a clothing store in the Xiaodian District, The reason is that his trademark was "worn" by the clothing store. Today, it was learned from the Taiyuan intermediate people's court that the court recognized the "Motian" trademark as a well-known trademark according to law, and ordered the defendant to completely cancel and stop the infringement before June 30 this year, and compensate the plaintiff for the economic loss of 3000 yuan

in the early 1990s, Shanxi Motian company developed and founded the "Motian" trademark brand, and obtained the trademark registration certificate in 1995. Since then, it has obtained the certificate of "skyscraper in the past three years" graphic trademark annotation superior to the traditional displacement maintenance method. In november2005, Motian company found that the Navis brand discount store in Xiaodian District used the same trademark as its registered trademark "Motian" on its clothing and sold "Motian" brand men's and women's jackets

Motian company believes that although clothing and coating belong to different categories, it is also very easy to mislead consumers that "Motian" clothing is the product of Motian company or has a certain relationship with Motian company. The infringement of clothing stores is obviously malicious. Request the court to investigate and deal with the defendant's infringement according to law, order the defendant to stop the infringement immediately, compensate for the economic loss of 10000 yuan, and pay the plaintiff 3000 yuan to stop the infringement

after hearing, the court held that the trademark "Motian" has enjoyed high popularity among the relevant public after years of production, operation, use and extensive market publicity by the plaintiff, and has also been rated as a famous trademark by the Provincial Administration for Industry and commerce. Therefore, the trademark meets the recognition conditions of well-known trademarks in the trademark law and should be protected across categories

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