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Gucci sues its clone partner
15 Apr '08
2 min read
Jiangsu Senda Group Co Ltd, a Chinese shoe maker was accused of infringing the trade mark 'GG' of Guccio Gucci SpA.
As an act of compensation the company has been asked to pay 180,000 yuan to the Italian luxury goods maker.
An order of the court has also ruled that Jiangsu Senda and Shanghai No. 1 Yaohan Co Ltd, a department store selling the counterfeit products, must immediately halt such violating operations.
Jiangsu Senda had been using this GG trademark since 1961 with a registration for the same entered in 1999. Infact, it is one of the most popular trademarks in China.
A staff of Gucci found a pair produced by Senda selling in No. 1 Yaohan department store in Agust 2006 with 'Senda-woman' printed on them.
Gucci stated disappointedly that the mark would mislead the consumers to think that Senda shoes had a link with the company and it therefore claimed 600,000 yuan as compensation.
Disagreeing to this unscrupulous demand, Senda asserted that shoes produced by the company had an obvious Senda trademark along with 'GG' and the consumers can therefore distinguish it from the shoes produced by Gucci.
Besides, the imprint of Senda was very evident on the shoe box and that the abbreviation was used as a pattern and not as a trademark.
On the other hand, the department store refused completely from bearing any liability saying that the counterfeit shoes were sold by the store on a legal contract signed by Senda. It strongly protested saying that it was not the store's responsibility if the said company had violated the trademark.
As an act of compensation the company has been asked to pay 180,000 yuan to the Italian luxury goods maker.
An order of the court has also ruled that Jiangsu Senda and Shanghai No. 1 Yaohan Co Ltd, a department store selling the counterfeit products, must immediately halt such violating operations.
Jiangsu Senda had been using this GG trademark since 1961 with a registration for the same entered in 1999. Infact, it is one of the most popular trademarks in China.
A staff of Gucci found a pair produced by Senda selling in No. 1 Yaohan department store in Agust 2006 with 'Senda-woman' printed on them.
Gucci stated disappointedly that the mark would mislead the consumers to think that Senda shoes had a link with the company and it therefore claimed 600,000 yuan as compensation.
Disagreeing to this unscrupulous demand, Senda asserted that shoes produced by the company had an obvious Senda trademark along with 'GG' and the consumers can therefore distinguish it from the shoes produced by Gucci.
Besides, the imprint of Senda was very evident on the shoe box and that the abbreviation was used as a pattern and not as a trademark.
On the other hand, the department store refused completely from bearing any liability saying that the counterfeit shoes were sold by the store on a legal contract signed by Senda. It strongly protested saying that it was not the store's responsibility if the said company had violated the trademark.
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