Changsha Intermediate People's Court in central China's Hunan
Province has ruled that a local department store must stop
selling products that infringe on the trademark of the French brand
Lacoste.
Changsha Parkson Department Store was ordered to pay
compensation of 5,000 yuan (US$600) as, according to judges, logos
on wallets, leather belts and briefcases they sold were nearly
identical to Lacoste's crocodile logo.
The only difference was that the crocodile on the original faces
to the right while on the counterfeit products it faces left.
Sources with the plaintiff, La Chemise Lacoste, said they are
satisfied with the judgment.
Used since 1927, Lacoste's trademark design was registered in
France in 1933, and in China in 1980.
Local media reported that the defendant is appealing to a higher
court, saying that the products in question are from the
Singaporean supplier Cartelo, and that since the Cartelo trademark
is registered "it is not trademark infringement to sell Cartelo
products."
They had argued that the action in Changsha should not be final
because there were several other lawsuits between Lacoste and
Cartelo underway elsewhere in the country, but this was rejected on
the grounds that the other cases involve completely different
products.
A Shanghai court ruled earlier this year that Lacoste had
infringed on Cartelo's copyright, and the French company is
appealing this decision.
Lacoste is also suing Cartelo in local Beijing courts but news
of a judgment is still pending.
The well-known French brand has long been engaged in
safeguarding its trademark rights in China's notoriously
counterfeit-ridden market.
They reached a conciliation deal with Hong Kong Crocodile last
year after Beijing's High People's Court had accepted Lacoste's
case against them in 1998.
(China Daily November 22, 2004)