Sales behavior through Guqiaoguxi company’s consent
The defendant first Yaohan said that companies with Senda is established between the contractual relationship of agency, legally acquired shoes involved in the sale did not know whether the shoes involved in trademark infringement of the plaintiff, and in the contract The two sides also agreed consignment of goods shall not be misused or stolen another’s trademark, or shall bear the corresponding liabilities for breach, it has fulfilled the first duty of Yaohan, should not be liable for compensation. Court: consumers “do not confuse” does not mean that consumers arounddiscount Burberry Handbags for sale online “will not create confusion.”
The trial court held that, “GG” trademark has become the clothing, footwear, leather goods and other areas of the high-end brand, Senda sandals in Women’s use of “GG” graphics, consumers may mistakenly think that amounts to the Company and Old Joe Ancient Greek co-launched the product concerned, or the amounts to the company’s productiongo to buy louis vuitton bags louis vuitton handbags and sales behavior through Guqiaoguxi company’s consent. And the original, the defendant’s product positioning is different Guqiaoguxi company’s footwear products are high-end product types, amounts to the most are moderately priced range of companies involved will identify actions related to public use “GG Graphics” trademark in the recognition function evaluation of changes in the long run will directly affect the “GG” mark a significant, leading to trademark dilution.
Court also noted that when consumers purchase their products at the source of “no confusion” does not mean that the people around purchaser will not be confusing.