Popular in the world of sports shoes New Balance recently found that the N word of streets all are not their own shoes, someone infringement. On December 8, the plaintiff new balance trade co., LTD. V. the defendant new balance sporting goods co., LTD., gill, unfair competition disputes such as co., LTD in hangzhou railway transportation court hearing a case.

, according to the original tell us New Balance company as jogging shoes famous company, the registered trademark "NB" and "New Balance" trademark, the production of sports shoes on both sides of the outstanding use uppercase, bold letters N, and since 1995 in China for production and sales.

See "N" logo on either side of the shoe will know that is the New Balance

The plaintiff as sole agent in China, the New Balance company enjoys the exclusive use of its registered within the territory of China "New Balance", "N" and "NB" trademark, name of commodity and logo to production, packaging, or arrange production and packing shoes, clothing and accessories, and import, sale and distribution in China with the licensed mark shoes, clothing and accessories.

Since early 2004, the New Balance of the company in several newspapers and magazines published in succession advertising, promotion "New Balance" sneakers; Shanghai New Balance and also spend a lot of advertising money each year after the company since the establishment of propaganda, the promotion of "New Balance shoes. In the AD campaign, a lot of highlight on both sides of the shoe to use the letter "N" decoration. After continuous extensive sales and advertising, "New Balance" sports shoes on the relevant market in China has enjoyed an extremely high market visibility.

At the same time, the "New Balance" sneakers on both sides of the use of the letter "N" decoration is the most prominent on the sneakers, the most part of identification, through long-term extensive sales and propaganda, was enough to make the relevant public will use the letter "N" on either side of the shoe decoration with New Balance company "New Balance" sneakers commodity link, has the function to identify the sources of.

The original told the defendant to use graphics of infringement of the defendant "N" is one of the 26 letters

But the New balance sporting goods co., LTD., and gill without authorization, the company in its production and sales of New Bunren sports shoes to use the "N" pattern decoration, and promotion, its behavior constitute the infringing ACTS of unfair competition to the plaintiff company.
Shop operators know Korea satisfaction as "New Bunren sports shoes", an infringement of products for sale still also constitute to the plaintiff company infringing ACTS of unfair competition.

Therefore, the plaintiff asked the defendant new balance sporting goods co., LTD., and gill immediately stop in its production and sales of the company to use the "N" graphics decorate sneakers, stop using and destroyed with the propaganda of "N" graphics decorate sneakers, and joint compensation for the economic loss of 4.8 million yuan. Korea's satisfaction to stop selling, and compensate for the economic loss of 100000 yuan.

The defendant argued that the company on July 26, 1994 has been used on sneakers, application letter "N" trademark, and allowed to letter "N" series of registered trademark. Used by the letter "N" brand, to have their trademark design aesthetic feeling, and after more than 20 years of use for a long time, has had the quite famous, belong to hold its own use a registered trademark of legal norms.

On both sides of the plaintiff's sneakers of the letter "N", used for western language in the world in a normal one, a total of 26 letters cannot and should not be unique to the plaintiff proprietary, the plaintiff goods did not constitute a trademark name or specific packaging or special decoration peculiar to well-known goods.
Trial lasted for a whole day, using the both sides around the letter "N" graphic is well-known goods of decoration, is accused of infringement of commercial signs and whether the plaintiff's decoration approximation, peculiar to well-known goods packaging decoration relationship of rights and trademark rights and other six focus of controversial debate.

The court sentenced in court.
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