Chongqing City, the first Intermediate People ‘s Court has just heard a special case, the plaintiff is the famous international luxury brand Chanel, while the defendant is Chongqing Jimei West Department Store. Chanel sued Chongqing Jimei West Department Store’s argument is trademark infringement and unfair competition.
Mr. Lee attend the trial and introduce the debate.
Mr. Li: This is true, they did not argue about the manufacturers, but the image, one is infringing, the other unfair competition. He said the staff at the time of selling that they are Chanel’s counter, but Kim Meixi denied.
Meixi Department Store unauthorized in some windows, counters and other places, played Chanel business English name and icon, and sales marked with Chanel name of the product. But as Mr. Li said, Chanel did not doubt Chongqing Jimei West Department Store to sell the authenticity Chanel products, that is, Kim Sai West Department Store did not sell counterfeit products.
Zhou Ting: Although it sells the real thing, it does not mean that its channel is legal. In addition to the authenticity of the product, there are channels of legitimacy. Luxury brand in China to maintain the two things, one is intellectual property rights, trademark rights, the second is the right to operate in China. This case is only their own explanation, we do not know the relationship between the company and the dealer in Chongqing, but at least no brand authorizationof shopping malls sales channel.
Economic Voice reporter Liu Nan for this call the West Department Store, get the answer is to ask the head office – Xidi Mountain Group, the reporter called the Xidi Mountain Group, was told to ask the department store. Between the head office and the branch, playing the “kick the ball” game.
Hi mountain: we do not know, I really do not know.
Reporter:Simei said about this matter, the media relationship is responsible by the Xidi Mountain Group, is it?
Hi to mountains: with what business between them, you have to interview them, I really do not know.
Zhang surname: most people think that this is infringing, so it is a kind of unfair competition, the last resort is unlikely. Only a professor of southwest politics argues that this is an indicative sign that does not constitute infringement, and other law schools, including the lawyers, consider this to be an infringement. In addition, in such cases, the court has sentenced confirmation of infringement of trademark rights and unfair competition.
View the introduction,we found that the West Department Store was established in 2009, Chongqing is the first luxury self-service department stores. Now has the international luxury brands include: Burberry, Chanel chanel, Armani, Gucci, Dior, Versace and other international line big.
Foreign Trade University of Fortune Quality Research Institute, said Zhou Ting, Chanel prosecution of the West Department Store is an important reason is to regulate the development of the Chinese market.
Zhou Ting: from another aspect, which is also alert to China. Because the Chinese market has been the biggest criticism is the luxury sales channels cohabitation, cottage, not imitation and illegal parallel channels, gray market exists, very confusing.
Zhou Ting said that behind the lawsuit, Chanel may have “false rights, really speculation” suspect.
Zhou Ting: brand rights is a real right or human speculation, it is difficult to say, because it can only be a symbolic sense of the surface of the blow, if the real blow, it should be a luxury brand management of their own team of standardized management.