ArticleManagerSource: Wenzhou News Network
Wenzhou Netnews This “Semir” is not another “Semir”. Yesterday, the Ouhai District People’s Court heard a case of Zhejiang Semir Garment Co., Ltd. (hereinafter referred to as “Semir”) suing Guangzhou Semir Shoes Co., Ltd. (hereinafter referred to as “Semir Shoes”) and first-line offline stores for infringement.
“Semir Apparel” requires confirmation that the use of “Semir”, “Semir” and “Senma” in commercial activities other than footwear products by “Semir Footwear” and online and offline stores constitutes unfair competition against “Semir Apparel”, compensate 4 million yuan for economic losses and 300,000 yuan for reasonable expenses paid to stop the infringement, and publish an announcement to eliminate the impact.
The plaintiff claimed that Semir Group Co., Ltd. established Zhejiang Semir Garment Co., Ltd. (a listed company) on February 5, 2002, and Guangzhou Semir Shoes Co., Ltd. was established on January 7, 2009. Class 25 of the trademark No. 1170715 “Semir” held by “Semir Outfitters” was first applied for on March 10, 1997, and was transferred from Semir Group Co., Ltd. Class 25 of the trademark No 929407. 1 “Semir SENMA and Picture” held by “Semir Shoes” was first applied for by a shoe factory in Hebei on April 7, 1995, and was acquired by transfer on June 7, 2015 after multiple transfers.
The court’s investigation focused on whether the appearance of “Semir” in the name of the “Semir Footwear” enterprise constituted unfair competition, and whether the use of the “Semir”, “Semir” and “Senma” logos in places other than footwear products constituted infringement. In court, the “Semir Footwear” party emphasized that the registration of its trademark in Class 25 did not constitute unfair competition. And “Semir clothing” emphasized that the other party constituted infringement.
The two parties registered 2501 sets of “clothing” and 2507 groups of “shoes” on Class 25 (this number is the class and group represented in the trademark registration classification table), and with the development of “Semir clothing”, “Semir clothing” registered a series of trademarks such as “Semir” and “Senma” in Class 35. Whether the “Semir” logo used by “Semir Shoes” in factories, physical store signs and online homepages infringes the exclusive right to use the registered trademark of “Semir Apparel” and constitutes unfair competition. During the trial, which lasted more than three hours, the defense lawyers of the two sides engaged in a series of confrontations.
The case will be pronounced at a later date after deliberation by the collegial panel.
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