Louis Weedon Sued Several Stores In Dalian For Selling Fake Goods Claims

LV series of rights protection cases were heard from 19 to 21 days in Dalian Xigang District People's court.

LV trademark owner,

Around 8:50 on the 19 th, the two court of the people's Court of Xigang District, Dalian.

LV's attorney in Dalian's rights protection case and Luo Zhenghong, a lawyer from Beijing's Xiang Kun law firm, and Huang Tiansheng dragged a big box into the courtroom and opened the box. The 51 fake LV products purchased from Dalian were sealed up as evidence.

"These are all the hotels in Dalian under the supervision of the notary office.

On the same day, the first batch of 7 cases were heard in court involving two quasi five star hotels in Dalian, Dalian Jiuzhou Hotel Co., Ltd. and Dalian Furama Nanshan Garden Hotel Co., Ltd.

In the trial, the defendants thought they had no sales and did not agree to compensate.

On the 20 day, LV tried to prosecute trademark infringement cases for second days. This time, the defendant was Wenzhou city commercial and Trade Co. Ltd. and its 4 households.

On the 21 day, the owners and agents of Dalian Victory Square Development Co., Ltd. and 4 shops attended the trial.

In the 3 consecutive day of trial, 19 cases were all heard after two Victory Square shops were not heard in connection with the reasons for their delivery, and the case of independent prosecution of Wenzhou city commerce and Trade Co., Ltd. in Dalian was suspended.

Luo Zhenghong, the agent of LV, said that LV has 35 stores in 29 cities throughout the country, and LV controls sales channels strictly. The products are sold only in the exclusive stores displayed by websites and websites.

According to reports, LV has been safeguarding rights in Beijing, Shanghai and other places. Recently, Shenyang has also launched its activist action. This is the second activist action in Liaoning province.

Reporters learned that in September last year, LV found that a shop in Dalian had owners selling counterfeit LV products.

Since then, LV has launched anti counterfeiting activities in several shopping places and hotels in Dalian, and has conducted investigation and evidence collection on the sale of counterfeit LV products.

For example, at the pony clothing store in Dalian's Ramada Hotel, LV's rights agent bought a shirt, a belt, a wallet and a satchel, all of which were counterfeit LV products, and the total cost of the 4 goods was 1100 yuan.

The notary records the purchase process on the spot, and invoices at the front desk of the hotel to seal up the goods purchased.

There is still much controversy between the original defendants.

Reporters learned that there is still much controversy over the case between the original defendants.

Among them, whether hotels or shopping malls rent or sell counters have tort liability has become the focus of heated debate between the two sides.

The agent of Dalian Jiuzhou Hotel Limited thinks that the goods purchased by the plaintiff are not sold by the company, and the invoices issued are only the invoices of room charges, and the words such as shirts and belts are not reflected.

The agent said that the company only rented the premises to others to run the clothing store, which is an independent legal entity with an independent business license.

"Why not sue the operator, but Sue our company?" the agent said that LV had mistaken the object of the prosecution and therefore would not make any compensation.

In the trial, the Kyushu hotel agent also issued a lease contract with the pony clothing store.

"The lease agreement clearly stipulate that the clothing store can not sell fake and shoddy goods, otherwise it will bear the responsibility alone."

The agent of Dalian Furama Nanshan Garden Hotel Limited has similar views. She thinks that LV has malicious litigation and will not make any compensation.

They believe that the products purchased by the plaintiff's agent are not sold by the hotel, but by the shops that rent the hotels.

The hotel is only using the "charge" method, that is, the tenant will settle the cost of the goods and the room charge together. After that, the hotel side will settle with the merchant again, and it will be wrong to prove the invoice by the hotel.

Similarly, in the face of 500 thousand yuan compensation, Wenzhou city agents shouted the wrong: the shops in Wenzhou city have been sold to individuals, and all the households have obtained property rights certificates. We are only responsible for collecting water, electricity and cleaning fees. Do they also have to bear the liability of compensation? And the small businesses charged are unaccountable: I only sold 150 yuan small bags, but they had to pay 500 thousand yuan, which was enough for me to close.

In this regard, LV's attorney believes that the lessor has the responsibility and obligation to manage the lessee project.

"Ten thousand steps aside, even if the hotel is not a seller, it is also a venue renter, which provides convenience for the sale of holidays, and should also be held responsible."

In the trial, the agent of LV submitted the notarial evidence as evidence, and believed that according to the fifty-second provision of the trademark law, the two hotels violated the exclusive right of LV registered trademark and should make corresponding compensation.

Luo Zhenghong said: the hotel has issued the invoice, which is recognized in any court in the country, let alone the business premises in the hotel lobby, it is more likely to be identified as a part of the hotel; if the court accepts the rental agreement provided by the hotel, the lessor is obligated to manage the operation item of the lessee, the hotel management personnel know the brand and project in any case, and if the product is found to be inconsistent, they should exercise their management responsibilities in time.

He said that in accordance with the relevant provisions of the "Regulations on the administration of trademark law", intentional infringement of other registered trademarks and patent rights provides warehousing, pportation, mail and other convenient conditions, and also assumes civil liability for infringement.

In 2004, the Supreme People's court and the Supreme People's Procuratorate, sixteenth, explained the interpretation of certain issues concerning the specific application of laws in handling criminal cases involving infringing intellectual property rights.

Therefore, the hotel should assume responsibility for its own business premises alone.

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Weak sense of intellectual property rights

Luo Zhenghong lawyer told reporters that in the process of collecting evidence in Dalian, we can see that some businesses are still very weak in the sense of intellectual property rights.

It is understood that in addition to safeguarding rights for LV, Luo Zhenghong also protects GUCCI, CHANEL, Burberry, PRADA and other European and American famous brands in Beijing, Shanghai, Guangzhou and Shenzhen, and provides intellectual property protection strategy recommendations.

Some people say that the future competition of the world is the competition of intellectual property rights.

Under the background of globalization, the "World War" smoke in the name of intellectual property has been permeated between Chinese and foreign enterprises, and has become increasingly fierce.

It is a pity that since 2006, LV, GUCCI and other international famous brands have opened up the curtain of safeguarding rights in Beijing for more than 5 years.

However, there are still many cases of rights protection. These international major rights keeping steps have not stopped, and from all the cities in Beijing, Shanghai, Guangzhou and so on, all the places they visit are filled with bowls, and in Dalian, too.

Some enterprises in Dalian believe that certain shopping malls in Dalian do exist in the light of heavy investment and light supervision, so that some counterfeit products operators can have opportunities.

It is understood that since September 1, 2009, the Dalian Xigang District People's court set up intellectual property court for two years, trademark infringement disputes are the largest number of cases in addition to copyright disputes, and the number is increasing.

Similarly, more than 260 cases of intellectual property protection in Dalian were registered from the beginning of this year to the end of August.