to register JACK&JONES official website, selling "JACK& JONES;" and "Jack? Jones" brand clothing, bestseller fashion group (Tianjin) Limited will manager Ms. Cui and Mr. Du court. Bestseller fashion company believes that the defendant’s behavior has seriously infringed the legitimate interests of the plaintiff, causing huge economic losses to the plaintiff should bear legal responsibility to stop the infringement, eliminating the effects of damages in accordance with the law. In April 26th, Beijing Haidian District people’s court heard the case.
court found that the company is authorized in the territory Chinese bestseller entitled to use "JACK& JONES" trademark infringement lawsuit filed, the company is also "Jack? Jones" trademark registration. The company has opened many stores bestseller in large and medium-sized city of Beijing, Shanghai, sales of "JACK& JONES" and "Jack? Jones" brand clothing, has a high market share and visibility.
in 2008, claiming to be the official website of JACK&JONES "," JACK&JONES Chinese website (hereinafter referred to as JACK&JONES Chinese network), a large number of sales of counterfeit "JACK& JONES" and "Jack? Jones" brand clothing. In the Baidu network, Google network and Yahoo China web search "JACK&JONES" and "Jack Jones", "JACK&JONES official website" and "Jack Jones" in the official website and other words, the search results of the first or second is the JACK&JONES Chinese network. The website has a "J& J" files, "trend" and "moments", "media", the "FANS club", "discount store" and other columns, containing the history of the JACK&JONES brand, products, design, development and other details. At discount stores, listed a large number of claims to counter genuine JACK&JONES clothing, and indicate the number, size, style, introduction, and counter price discount. Consumers through Alipay and bank transfer remittance, etc., can be purchased. The site sells clothing in bags, labels, tags, buttons buckle, cufflinks and so marked with JACK&JONES, JACK& JONES logo, certificate marked "Jack? Jones name, trademark and bestseller company address. After investigation, the website domain name registered by the defendant Mr. Du, responsible for the defendant Mr. cui. Since the company ordered two was told to the court.
after the court hearing that Mr. Cui and Mr. Du license without the trademark owner, in the same commodity propaganda and introduction and trading with "JACK& JONES", "Jack Jones?" the same or similar trademarks and trademark exclusive right to the sale of infringing goods, this behavior is sufficient to cause the relevant public the domain name of the website, mistakenly believe that all the people and clothing provider for the trademark bestseller company, the bestseller companies constitute infringement. According to the transaction data to the Alipay company transfer, Mr. Cui only through Alipay account > in the period from January 2008 to February 2010