Unitalen Attorney at Law won right protection case for Montagut,770,000 yuan compensated at first-instance judgmentMay 18, 2005
On April 25, 2005, Beijing No.2 Intermediate People’s Court made first-instance decision to the trademark infringement and unfair competition case that French Bonneterie Cevenole S. A. R. L. brought against Bonneterie Garments (Shenzhen) Co., Ltd., Yiwu Xinyipai Garments Co., Ltd., and Li who sold fake brand garments. The three defendants were ordered to compensate the plaintiff RMB770,000 in total.
According to the plaintiff’s attorney, Unitalen Attorneys at Law, French Bonneterie Cevenole S. A. R. L. is a limited company duly established and registered in France, and has registered the trademarks of “MONTAGUT”, its Chinese word mark and the flower design mark with China Trademark Office. The marks are still valid, enjoy great fame in Chinese mainland for long time, and are well-known marks. The defendants used the flower design mark similar to the plaintiff’s registered mark, with noticeable logo identical to the plaintiff’s registered trademark “MONTAGUT”. The defendants’ behavior infringed the plaintiff’s trademark right, and constituted unfair competition.
After hearing, Beijing No.2 Intermediate People’s Court ruled that the three defendants’ behavior respectively infringed the plaintiff’s exclusive trademark rights of its registered “flower design” and “MONTAGUT” trademarks, and constituted unfair competition. The three defendants were ordered to immediately stop infringing and compensate RMB770,000 in total for the plaintiff’s loss.
Recently, bogus MONTAGUT garments swarmed into Chinese market, severely impaired sales and brand image of MONTAGUT. To defend its IPR, French Bonneterie Cevenole S. A. R. L. entrusted Unitalen Attorneys at Law, a well-known Chinese IP law firm to crack down on counterfeiting offences and launch lawsuits. Beijing No.2 Intermediate People’s Court chose to make the decision before the 5th World Intellectual Property Day, which once again shows the great significance that China attaches to IP protection.