Trademark Infringement to LV

Release Time:2009/5/6 14:02:58            【Font-size:Big Middle Small】

【Case Briefing】

The plaintiff is LVMH Group, the registrant of five trademarks including LV. In an early time of 2006, the plaintiff found out that the Wuning Brach Store of Carrefour Supermarket had used its five registered trademarks in an unchanged or similar form to promote three kinds of lady’s handbags, with words like “LOUIS VUITTON” & “LV” and other infringing graphic marks.

【Result of Trial】

It was decided by Shanghai No.2 Intermediate People’s Court that the defendant had used an image in all or some ways similar to the trademark registered by the plaintiff, which may confuse customers. As a super mall with years of management experiences and backed on French Carrefour Company, the defendant is supposed to know the fact that LV is world renowned trademark. The fact that the defendant failed to cast due care and sold these goods constituted the infringement of trademarks. The court thus called the defendant to stop infringement and made it pay the plaintiff an economic compensation of RMB 300,000.

【Case Analysis】

It was confirmed after this trial that supermarkets have the obligation to cast reasonable inspection into the trademarks of products they intend to sell, which therefore safeguard the trademark holders’ interests. A large number of media bodies including CCTV and People’s Daily overseas edition covered the trial while a bunch of websites reprinted the news. The judgment led to desirable responses both in legal and social terms.

 

                                                                          (source: Shanghai IP Administration)

 

Release Time：2009/5/6 14:02:58[ Print ]