Reporter | Zhou Zhuoran
Edit | Xu Yue
The BABY MILO of the famous Japanese tide brand BAPE finally ended the road to defending rights for 3 years.
Baby Milo has an iconic monkey image, and its operator in Mainland China is an affiliated company of Hong Kong I.T Group.
Recently, the Liaoning Provincial Higher People’s Court has maintained the original judgment of the first instance in the second trial (final trial), determining that Zhongshan Anyi Ape Clothing Co., Ltd. maliciously violated the copyright of the affiliated company of the I.T Group and engaged in improper competition, so as to order Zhongshan Anyi Ape clothing clothing Co., Ltd. stopped its infringement of copyright and unfair competition and compensated for economic losses of RMB 5 million.
The I.T Group believes that the “APE Tees” or “Anyi Ape” brand appearing on the market, its brand logo, product design, store decoration and display are very similar to Baby Milo, which can easily cause the public to be confused.
It is understood that the “APE Tees” or “Anyi Ape” brand operated or holds trademarks in Zhongshan Anyi Ape Clothing Co., Ltd. and its affiliated companies (such as Ruian Solomon Shoe Industry Co., Ltd.), which was established in 2011. , Brands and products are not related to the I.T Group, I.T Group has never directly or indirectly authorized these companies to use the Baby Milo prototype design or development derivative design.
In addition, the “APE Tees” trademark holder -Ruian Solomon Shoe Industry Co., Ltd. has also applied for dozens of trademarks with the same or approximated trademark with the same or similar trademark names with high market visibility or well -known works. Essence
According to interface fashion previously reported, from Ermenegildo Zegna, MUJI, Ralph Lauren to the recent Jordan case, many well -known overseas brands involved trademark infringement disputes showed the chief rights protection incident, repeated cases, and high failure rates in the first trial. question.
Some lawyers also said that sometimes the judgment made by the grass -roots court claims to protect national brands may also be mixed with bribery, causing difficulties in litigation.
In the past, in order to fight for the market time, legal advisers sometimes suggested that enterprises bypass the lawsuit and grab the first -mover advantage of emerging markets by buying a registered trademark, replacing the company’s registration name and trademark form, but this does not doubt that it has become a doubt that it has become a doubt that it will undoubted The accomplice of indulgence infringement.
“As far as intellectual property cases are concerned, an average judgment takes an average of 18 months to 24 months, and this time is still suitable for courts with more cases, such as Beijing Intellectual Property Court or Shanghai Intellectual Property Court.” An intellectual property lawyer Tell the interface fashion, “The more the busy courts in China will have a longer trial time, but the brands still prefer to prosecute in Beishangguang, because the judges in these areas are relatively more experienced.”