Trademark Infringement Disputes Should Be Avoided In Garment OEM Processing

Not long ago, the 3500 China licensing.

A few days ago, the Pudong New Area court made a decision to confirm that the plaintiff's Wuxi company declared its export to South Korea.

The court of Pudong pointed out that, first of all, the plaintiff's Wuxi company's behavior was a foreign licensed processing act which was entrusted by an overseas company. The defendant crocodile said the plaintiff might sell jeans in the Chinese market, but he did not submit the corresponding evidence and refused to accept it.

Secondly, the plaintiff uses the trademark involved in the processing of clothing, which is legally authorized by the trademark owner, and the plaintiff does not have any subjective intent or fault.

Thirdly, the behavior of the plaintiff's licensed processing did not cause confusion in the market, nor did it affect the defendant and the loss.

It is understood that trademarks depend on commodities, and only when they are used in commodities and put into the market can they exert their functions and embody their value.

All the jeans were sent to South Korea, not sold in China, and the trademarks involved only identify the source of goods outside China.

Therefore, the licensed processing behavior of the plaintiff does not constitute infringement of the exclusive right of the "CROCODILE" registered trademark enjoyed by the defendant.

With the development of foreign trade activities, there are a large number of licensed processing enterprises in the coastal areas of China.

In confirming the trial of non infringement litigation, OEM has become the "multiple zone" of trademark infringement.

In the notice issued by the Supreme People's Court on the issues concerning the overall situation of the trial of intellectual property in the current economic situation, the Supreme People's Court issued full attention to the "OEM" in April 2009. It pointed out that in order to properly handle such disputes, for the cases of trademark infringement, we should combine with the processing parties to fulfill the necessary duty of review, and reasonably determine the undertaking of tort liability.