Dior Sued A Shopkeeper Of A Jewelry Store In Wenzhou For 50 Thousand Yuan

< p > in December 3rd of last year, the attorney of the French Christian Dior Christian (hereinafter referred to as "Christian Dior Co") submitted a civil complaint to the people's Court of Lucheng District of Wenzhou, suing Wenzhou Yongjia, Zhao, for infringing upon her trademark right, demanding compensation for the economic loss of 50 thousand yuan, and asking the court to order Ms. Zhao to make a statement in the newspaper to eliminate the adverse effects caused by the infringement to Christian Dior Co. < /p >
< p > recently, under the mediation of the Lucheng court in Wenzhou, Zhao and Christian Dior Co reached a conciliation agreement, apologizing to the Christian Dior Co on the face of their infringement and ensuring that they would no longer produce or sell any counterfeit Christian Dior Co registered trademarks, and promised to compensate the Christian Dior Co for a one-time RMB 24500 yuan. < /p >
< p > < strong > selling counterfeit "Dior" metal ornaments < /strong > /p >
< p > < strong > administrative penalty is 20 thousand yuan < /strong > < /p >.
< p > this will start in April 2011. < /p >
At that time, Ms. Zhao put down a woman's < a href= "//www.sjfzxm.com/news/index_c.asp" > ornament shop < /a > in Lucheng District of Wenzhou, and bought a lot of metal jewelry pins with "Dior" logo for sale in large quantities at P. < /p >
< p > "I didn't know that these pins were fake." Zhao said that her shop had been open for more than 2 years. Until May 8, 2013, the Lucheng branch of the Wenzhou administration of industry and Commerce seized her shop. She realized that the batch of metal pins with "Dior" logo had "problems". < /p >
< p > June 6, 2013, the Lucheng branch of the Wenzhou Administration for Industry and Commerce held that Ms. Zhao sold counterfeit registered trademark goods, and the infringement was established, and seized 9200 metal pins, which infringed the trademark rights of Christian Dior Co, and fined 20000 yuan. < /p >
< p > < strong > < a > href= > //www.sjfzxm.com/news/index_c.asp > civil tort > /a > face 50 thousand yuan claim > /strong > /p >
< p > < strong > shop owner does not understand < /strong > /p >
< p > "a lot of goods are left to me at home, and they throw away a pity that they can still earn a few dollars for sale." Ms. Zhao was wronged after receiving the complaint from Christian Dior Co about her infringement. She said that the goods were seized by industry and commerce. She did not earn any money at all. She was also punished by an administrative penalty of 20 thousand yuan, and now she was claimed 50 thousand yuan in economic losses. She was puzzled. < /p >
< p > Christian Dior Co believes that the company, founded in 1946 in Paris, France, is a multinational company dealing with global luxury goods, producing garments, metal jewelry, bags, glasses and other products. It has many world-renowned brands including "Dior" and "Christian Dior". < /p >
< p > March 14, 1998, Christian Dior Co registered trademark of "Dior" on the fourteenth categories of commodities of the State Trademark Office of China, and registered the trademark in Fourteenth categories of commodities in August 3, 2011. These trademarks are now within the validity period, and their trademark exclusive rights are protected by the law of our country. < /p >
< p > at present, the company has set up more than 20 franchised stores in 12 cities such as Beijing, Shanghai, Tianjin, Guangzhou and so on. It operates in the franchise business mode and specializes in selling its registered trademark products. < /p >
< p > Christian Dior Co believes that in order to maintain its status as a high-end brand in the global apparel industry and expand its popularity, it has carried out a lot of continuous publicity, sponsoring and sponsoring various large-scale events, investing huge amounts of money and so on, enjoying a high reputation and reputation all over the world. Ms. Zhao's behavior has brought serious economic and image loss to the Christian Dior Co, which has had a bad effect on its business operation. < /p >
< p > < strong > Administrative Penalty and civil compensation belong to different a href= "//www.sjfzxm.com/news/index_c.asp" > legal relationship < /a > /strong > /p >
< p > < strong > selling fake goods for more than 50 thousand yuan will be followed up for criminal responsibility < /strong > < /p >
< p > for Ms. Zhao's incomprehension, the judge who handled the case patiently explained that after the confirmation of the industry and Commerce Department, Ms. Zhao sold the metal jewelry pin with "Dior" logo, which was indeed a counterfeiting of the other party's registered trademark. The commerce and Industry Department imposed a fine of 20 thousand yuan on that because she violated the state's exclusive right to the trademark management system and the registered trademark of others. < /p >
< p > the Christian Dior Co's claim for the 50 thousand yuan economic loss claimed by her is the civil financial compensation for Ms. Zhao's sales of counterfeit Dior registered trademark products. < /p >
< p > according to the provisions of our criminal law, if Ms Zhao has a sale of goods known to be a counterfeit registered trademark, the sale amount of more than 50 thousand yuan will constitute a crime of selling counterfeit registered trademark goods and be investigated for criminal responsibility. < /p >
< p > listening to the judge's explanation, Ms Zhao suddenly scared out of a cold sweat. She thought that the metal ornaments with the famous brand LOGO were welcomed by consumers, and they could earn a sum of money. < /p >
< p > immediately, Zhao and Christian Dior Co reached a conciliation agreement, apologizing to the Christian Dior Co on the face of their infringement and ensuring that they would not manufacture or sell any counterfeit Christian Dior Co registered trademarks in the future, and promised to make a one-time compensation of RMB 24500 yuan to the Christian Dior Co before March 7, 2014. If she failed to perform the contract, she would have the right to apply to the court for a 50 thousand yuan compensation. < /p >
Ms. P relieved herself after the mediation of the case. < /p >
< p > judge said that in the process of hearing a case, a judge will know that according to his own experience and knowledge, he can know that he or she sells the commodities of counterfeit registered trademarks, and the price and quality of the goods sold are obviously lower than those of the counterfeited registered trademarks, so as to determine whether the seller knowingly sells the goods that are counterfeited registered trademarks. In addition, the court will judge the specific economic loss according to the social popularity of the registered trademark. < /p >