Recently, Beijing No.2 Intermediate People’s Court entered a first-instance judgment on the case that the trademark owner of “Le Coq Sportif 乐卡克” won the case against two Chinese companies selling the counterfeit and infringing products. The two companies were ordered to cease infringement and pay a compensation of 80,000 Renminbi yuan and 20,000 Renminbi yuan respectively in damages to the plaintiff.
The mark “Le Coq Sportif 乐卡克” was first established in France in 1882 and the meaning of the mark is a rooster having deep love for sport. From 1948, the rooster image was formally used as the brand. In the 1990s, the “Le Coq Sportif 乐卡克” trademark was transferred to a Japan-based company, DESCENT LTD Then the Japanese company established Le Coq Sportif (Ningbo) Co., Ltd as a joint venture ,and the joint venture has all rights to sell “Le Coq Sportif” products in China and use the trademark of “Le Coq Sportif 乐卡克”.
In March 2011, the Le Coq Sportif (Ningbo) Co., Ltd was reported that the defendant Dida website under Beijing Jinridushi Info Tech Co., Ltd was selling sport shoes bearing the mark of “Le Coq Sportif 乐卡克”.
The defendant and provider, Zouxiu website under Shenzhen Zouxiu technology Co., Ltd. then issued a statement that the sports shoes were legitimate products manufactured in Argentina, which were exported to Hong Kong and then distributed in mainland China. .However, the statement was false upon confirmation from Europe and Argentina.
After investigation and evidence collection, the plaintiff DESCENT LTD. then brought the case before the Beijing No.2 Intermediate People’s Court for trademark infringement.
After examination, Beijing No.2 Intermediate People’s Court made a first-instance decision and ordered the two defendants to cease infringement immediately, pay for the economic damages, and remove the bad effect by making public statement via media.
