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Attention textile and apparel boss: This check stripe is a Burberry patent!

Attention textile and apparel boss: This check stripe is a Burberry patent!

  • Categories:NEWS
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  • Time of issue:2021-12-01
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(Summary description)According to the Fashion Law, the Italian High Court ruled in a ruling in October that clothing sold by several Chinese companies infringed the British luxury brand Burberry.

Attention textile and apparel boss: This check stripe is a Burberry patent!

(Summary description)According to the Fashion Law, the Italian High Court ruled in a ruling in October that clothing sold by several Chinese companies infringed the British luxury brand Burberry.

  • Categories:NEWS
  • Author:
  • Origin:
  • Time of issue:2021-12-01
  • Views:0
Information

According to the Fashion Law, the Italian High Court ruled in a ruling in October that clothing sold by several Chinese companies infringed the British luxury brand Burberry.

The plaid printed garments sold by these Chinese companies in Italy are similar to Burberry's iconic printed plaid. Since the 1820s, Burberry has used this printed plaid in the lining of its famous Gabardine trench coat. Today, the printed plaid has been widely used by Burberry in its handbags, perfumes and footwear products.

This ruling made by the Italian High Court overturned the judgment of the original court in this case. Burberry had previously filed a complaint with these Chinese apparel companies in a Roman court, stating that they were suspected of infringing on Burberry's trademark and violating a number of Italian criminal laws.

The Roman court ruled that Burberry lost the case in the first-instance verdict. It believed that the “Burberry” brand name was not included in the printed check on the clothing received by the defendant. Therefore, consumers are unlikely to believe that these clothing were sold by Burberry, which would not constitute the defendant’s infringement. fact.

Burberry was dissatisfied with the verdict and appealed to the Italian Supreme Court that Burberry's striped pattern alone is sufficient to indicate the source of the goods. Therefore, regardless of whether these unauthorized manufacturers print the words "Burberry" in the printed plaid, it is enough to make consumers mistakenly believe that the source of the goods is Burberry.

The Italian Supreme Court took Burberry's side in the final result. According to the court, the simultaneous appearance of Burberry's brand name and printed plaid on imitation products is not a necessary condition for infringement. "Even in the case of copying some of the trademarks, it is likely to be confused with the previously registered trademarks, resulting in trademark infringement."

"This ruling sets an important precedent for Burberry," lawyer Cristiana Andreotta told the Fashion Law. "This ruling not only recognizes the reputation and uniqueness of Burberry's printed plaid, but also overturns the dangers that may be caused by the results of the first and second instances. Precedents, but those rulings are completely inconsistent with Italian case law."

In order to maintain and consolidate brand image and market positioning, rights protection and anti-counterfeiting are common operations for luxury brands in the global market. The rampant counterfeit and counterfeit goods will not only undermine the high-end image of luxury brands, but also squeeze the market share of luxury brands.

China, as Burberry, is currently one of the most important markets, and it is also vital to safeguard the brand's rights and interests in the Chinese market. In recent years, Burberry's trademark rights protection in the Chinese market has continued, but the road to trademark rights protection has been quite long.

The interface fashion can be seen on the Tianyancha APP. In an infringement dispute from 2013 to 2019, Burberry Co., Ltd. and Burberry (Shanghai) Trading Co., Ltd. sued Lubita Polo Leather Products in Nanhai District, Foshan City Co., Ltd. (hereinafter referred to as Lubida) and Guangzhou Baoluo Cosmetics Co., Ltd. (hereinafter referred to as Baoluo Cosmetics) constituted trademark infringement against Burberry.

According to the civil ruling presented on the website of the judgment document, Burberry appealed that the products sold by the two companies and their tags, sales counters, and product outsourcing are likely to mislead consumers. In addition, the "checkered pattern" printed on the products sold by the two companies Trademark infringement against Burberry.

The Guangdong Higher People’s Court ruled in the final judgment that Lubita and Baoluo cosmetics should "immediately stop the production and sales of products that infringe upon Burberry's multiple "registered trademark rights, and destroy the inventory of infringing products," and compensate multiple Economic losses.

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