GUCCI Trademark Infringed by a Bar

GUCCIO GUCCI S.P.A, Italy, filed a trademark infringement case against Kuqi Bar in Fujian Province in the year of 2013. Fuzhou Intermediate People's court held that Kuqi's action of using "GUCCI"&"GUCCLL" infringed trademark rights and ordered Kuqi to indemnify 200,000 Yuan in economic damages. GUCCIO GUCCI challenged the court's decision and requested more losses, then appealed to Fujian Higher People's Court. Recently, the second instance court made a final judgment ordering Kuqi to add an indemnify 30,000 Yuan as "reasonable costs".

The first instance decision ordered Kuqi to indemnify 200,000 Yuan for trademark infringement and unfair competition. The court didn't order reasonable costs as indemnify since GUCCIO GUCCI hadn't claimed about it.

The Higher Court held that GUCCIP GUCCI did show its request of reasonable costs for preventing infringement in the reason and facts parts of indictment, as well as the GUCCIO GUCCI's attorney showed evidence of the principal-agent relationship of the two parties to the court. Based on these facts, the court ordered Kuqi to indemnify 30,000 Yuan for "reasonable costs" without agency contract.

 

(China IP News)

2014-04-23