Garbo Li floor raised trademark infringement disputes two who is close to famous?

In home industry, "Garbo Li" is a powerful brand. Many consumers do not know is that both companies are on the "Garbo Li" are registered, of which, "Garbo Li" company production paint, Jiangxi "Garbo Li" company main product is the floor. In the brand maintenance, the two companies make up the case. 14 December last year, the Guangdong provincial higher people's Court make the final judgment: Jiangxi "Garbo Li" constitute trademark infringement and unfair competition, the cancellation of the domain name of the Decree, public apology and compensation for economic loss of $ 20 each. Yesterday, reporters from Guangdong provincial higher people's Court Office was informed of this case by the process and reminded consumers in select "Garbo Li" brand on the manufacturers to carefully screened.

Consumer complaints and lawsuits

2007 April 6, a member of the Kunming consumers buy "Garbo Li" floor quality problems, we get complaints against China's well-known trademarks "Garbo Li" does not make much sense, it is malicious to consumer fraud.

Guangdong "Garbo Li" companies in 28 October 1999, is a Hong Kong, Taiwan and Macau joint venture enterprises, the main production and sale of coatings and related products, in October 2006, it is in use by the registered trademark was certified as a well-known trademark. Kunming consumer complaints by Guangdong "Garbo Li" company. Since then, the Guangdong "Garbo Li" the company has successively received a number of similar complaints from consumers. Through investigation, the company found production floor to Jiangxi Garbo Li industry-trade co., Ltd.

Guangdong "Garbo Li" corporate legal Affairs Manager-East Omni reporters, they found the market exists a Germany "Garbo Li" international group (Hong Kong) co., Ltd., executive producer, Jiangxi Garbo Li trade co., Ltd. manufacturing "Garbo Li" floor, its marketing feel and Guangdong "Garbo Li" has some relevance.

July 30, 2007, Guangdong "Garbo Li" company a paper petition to alleged copyright infringement "Jiabao, Jiangxi-trading co., Ltd., Lisa" Germany "Garbo Li" international group (Hong Kong) co., Ltd., and other related units to court.

First instance Jiangxi "Garbo Li" against the

Guangdong Jiangmen city intermediate people's Court to entertain a proceeding. Court Survey, Lily "Jiabao, Jiangxi province," the defendant argues that: Garbo Li's trademarks in 2001 when no visibility, they use their own registered trademarks or are authorized to use, does not constitute unfair competition or trademark infringement. Court party after an investigation found that the "Jiabao, Jiangxi Lisa" company, Germany "Garbo Li" international group (Hong Kong) co., Ltd. corporate all belong to one person, the name is Huang Chung, the two companies in the production and sales of floor, prominent use of the Guangdong "Garbo Li" company registration "CARPOLY" and "Garbo Li" paint trademark and logo. The end of 2007, the Court of first instance judgment, found in the "Garbo Li" company constitute trademark infringement and immediately stop sales with "CARPOLY" and "Garbo Li" identity of goods, stop use and log off "www.carpoly.net" domain name, note: (Guangdong "Garbo Li" the company's domain name as www.carpoly.com) and the "Garbo Li" company publishes an apology, compensation for economic loss. Furthermore, the Court of Justice finds Guangdong "Garbo Li" trademark as a well-known trademark in China.

The second instance upheld

The first instance decision, Jiangxi "Garbo Li" company finds the first instance court judgment injustice, the Guangdong provincial higher people's Court of appeal. In the meantime, the cancellation of the domain name "www.carpoly.net". Jiangxi "Garbo Li", the "Garbo Li" and other associated companies is that on appeal, the registered domain name belongs to the mistakes, not malicious cybersquatting problems, its conduct did not constitute competition. Yesterday, the reporter on this question contact the Jiangxi "Garbo Li" company General Manager Huang Chung, claiming to be in Beijing, no arrangements for staff interview.

Guangdong provincial higher people's Court at the hearing that, Jiangxi "Garbo Li" company uses the domain name to use to obtain well-known mark "Garbo Li" ride, essentially a malicious invasion of registered trade mark, registration of the registered person use their top commodity market share, constitute unfair competition. 14 December last year, the Guangdong provincial higher people's Court to the Court of final judgment: 's appeal and upheld the dismissal.