Supermarket sales of "infringement of sports shoes" is charged

Puma puma jump up the image of well-known, but many people do not know, Puma brand shoes in the arc of the runway often see patterns, is a registered trademark held by Puma. Recently, the Lake District, Wuxi City, the Court accepted a lawsuit with the company from Puma, the sale of a supermarket in Wuxi, a printed this "track" non-Puma brand sports shoes and be sued.

Early 2011, the Puma company staff in conjunction with the notary, in Wuxi City in the Lake Area with the supermarket to buy a printed with "PUMA" runway number of graphics, request an invoice and will allegedly infringing products purchased photographs, archive, as evidence. Subsequently, the Puma company to infringement of registered trademark on the grounds, a lawsuit against the supermarket. Puma Company believes that its already registered in China in 1991, including the "PUMA", "jump Leopard Graphics", "Runway graphics" "PUMA and the leopard graphics", etc., trademarks, and approved to use on clothes, shoes, caps, bags and other goods.

Puma said the supermarket without a license from Puma, the sale of its trademark used on goods identical or similar trademarks, the purpose of misleading consumers is clear, and his behavior violated the Puma company's registered trademark. Accordingly asked the company to stop infringement, a public apology in the media, and compensate two hundred thousand yuan.

Argued that the supermarket side, and its products in the stripes and Puma's "runway" logo is not obvious similarity. Also said that the supermarket business profit is not high, and the prosecution of Puma is the amount of compensation is too high, they can not afford.

The problem is that a lot of Keen Kids footwear sale on the runway icon arc common, really is a trademark it?

The judge said that as the world-renowned sports brand Puma, in addition to English letters "PUMA" registered as a trademark, its leaping puma patterns, curved track design is its signature design trademark. "The hook and Nike, and Adidas trefoil logo design, pattern, like a triangle." Therefore, with this landmark supermarket shoes and apparel products as a decorative design pattern approach, will lead to consumer confusion There are likely to mislead consumers. Puma curved track designs, though it seemed better to jump clear as the American lion logo, but enhanced by the real business case to make the legal awareness of trademark protection, strict purchase and sale of links, the judge will first focus on reasoning on the mediation.

After some reasoning interpretation, supermarkets regard recognizes that they have violations. But the amount of compensation, shopping malls, said it hard to accept, for the judge and repeated communication with the agent of Puma and Puma keen to find the company also intends to sue the other mall stores infringement. Keen Kids flowers company in order to win concessions on compensation, but also to reduce the cost of its rights, the judge took the initiative to be included in another case, the scope of mediation, both sides gained recognition. Ultimately, both sides made concessions on the amount of the mediation and reached an agreement.