Adidas was awarded in trademark case
發(fā)布于2011-03-10
On January 4, 2011, Guangdong Dongguan Intermediate People’s Court entered a firs-instance judgment on the Y-3 trademark case between Adidas and EXXEL International Group and Dongguan Advanced Material Company, ordering the two defendants to cease producing and distributing infringement products, delete relevant websites and pay Adidas 200,000 yuan in damages.
Adidas is the operator of Adidas products, and it registered several series of trademarks of Y-3. On April 2009, Adidas found a travel bag marked with Y3 trademark, and discovered its dealer is EXXEL. Adidas held that the two companies’ action of using Y3 on products and websites constituted trademark infringement on the ground of its similarity in pronunciation and visual recognization.
The court held that the products in question are similar in function, use, target consumers and distribution channel. The defendants’ acts of using both Y-3 and Y3 trademark on the package are enough to mislead and confuse consumers. So ordered.
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