Yi Weideng sues the way ten million of claim for compensation of fake of carry out of market of Dalian much home yuan

Xinhua net Dalian case of authority of LV series dimension came special telegram 19 days 21 days on September 23 in Dalian open a court session of court of people of Xi Gang division is tried. The brand of LV has person, Lu Yiwei to ascend company of equestrian benefit the base of a fruit to be in courtyard of this domestic discipline exercised by the head of a feudal household in all put on record 22, amount of claim for compensation amounts to 11 million yuan, involve Dalian many famous bazaar and hotel. Although around this a series of cases still put a lot of dispute, but, the weakness of consciousness of intellectual property of a few businessmen is exposed however without involuntary discharge of urine. · power ascends Louie Dalian high-key thought fors the time being 19 days 8 when 50 minutes or so, court of people of division of Dalian Xi Gang 2 courts. LV is in the agent of case of Dalian dimension authority, Beijing circle in the air the lawyer Luo Zhenggong of office of attorney of enormous legendary fish and Huang Tiansheng are pulling a big case to walk into a court, open a box, product of 51 when buy from Dalian sham LV is inside, already was sealed up for keeping to serve as evidence. "These are to be in what notarization manages staff to supervise below, buy in the hotel of Dalian or bazaar. " the agent of LV says. Type of merchandise is very much, satchel, purse, leather belt waits, a little sham product is made elegant, OK even mix the false with the genuine. And now, of correspondence of each sham commodity is a case, amount of every case claim for compensation amounts to 500 thousand yuan. That day, first 7 cases open a court session is tried, involve Dalian two allow place of hotel of 5 stars class to belong to a company - - limited company of hotel of garden of the pediment austral limited company of restaurant of Dalian a poetic name of China and Dalian. In front courtyard careful, the accused all thinks he does not have carry out holiday, do not agree to compensate for. 20 days, the cognizance that LV prosecutes case of infringement of trade mark is entered the following day, be labelled this of the accused is Wen Zhou city trade limited company reachs his door of 4 course of study. 21 days, dalian victory square develops limited company and the owner that 4 business spread or agent to attend front courtyard careful. Be in successive in front courtyard careful of 3 days, because service account is not sessional,spread except business of two victories square cognizance, and outside the case time-out cognizance that sues limited company of trade of city of Dalian lukewarm state independently, 19 cases are tried entirely end. The procuratorial Luo Zhenggong of LV expresses, LV in the whole nation 29 cities have 35 brand shop, LV controls sale channel strictly, the brand shop that commodity shows in website and website place only undertakes selling. According to introducing, LV ever undertook in and other places of Beijing, Shanghai thought fors the time being, the near future also launchs dimension authority operation in Shenyang, counterpoise this through legal approach dimension in Dalian, it is the operation of authority of the 2nd dimension that launchs in Liaoning province. The reporter understands, last year September, LV discovery, dalian has owner to sell sham LV product inside some bazaar. After this, LV shops many times in Dalian again place, hotel launchs the operation that make a holiday, the behavior of product of sham to the sale LV undertakes investigating obtaining evidence. If be in Dalian a poetic name of China is colorful amount to the pony dress shop inside restaurant, the dimension authority agent of LV bought an an a shirt, chatelaine, purse and a satchel, these are sham LV commodity, 4 commodity altogether spent 1100 yuan. Notarial personnel was recorded on the spot buy a process, open bill downstage to the hotel, the goods that buys to place undertook sealing up for keeping. Bigger dispute reporter still is put to cover knowledge to between former defendant, at present to this case, bigger dispute still is put between former defendant. Among them, hotel, market is rental, sell whether bar has tort liability to become both sides intense contention focus. The agent of limited company of restaurant of Dalian a poetic name of China thinks, the goods that accuser place buys is not its company sale, opens bill also is room cost bill only, reveal the shirt, model of written characters such as leather belt without body. This agent says, this company just rents field other runs dress store, and the legal person unit that this dress shop is an independence, have independent business charter. "Why to sue operator, sue our company however? " this agent says, LV made a mistake to sue a boy or girl friend, because this won't have any compensation. In front courtyard careful, agent of restaurant of a poetic name of China is returned issued what sign with pony dress shop to rent a contract. "The agreement is made clear in the agreement that rent, dress shop can not sell fake commodity, assume responsibility alone otherwise. " the agent of limited company of hotel of garden of the pediment austral Dalian also has similar view, she thinks LV has baleful suit action, won't give any compensation. They think, the hotel does not sell the product that accuser agent buys, the business shop that rents a public house however is. The hotel is to use nevertheless " hang Zhang " means, namely lodger expends the fare that buys goods and room one case settle accounts, later, the hotel just is mixed again business door has close an account, it is wrong that the bill that issues with the hotel is card. Same, face 500 thousand yuan of compensation, agent of lukewarm state city hallooes injustice: Shop of lukewarm state city has made work individual, door of course of study obtained property right evidence, we are in charge of collection water, report and Bao Jie expending only, should also assume liability to pay compensation? And what be sued is small door of course of study is one face innocent: I sold 150 yuan packet the package only, compensate for 500 thousand yuan, this enough let me close. To this, the acting lawyer of LV thinks, rental square responsible manage tenant project with obligation. "Retreat 10 thousand paces to tell, even if hotel is not carry out holiday person, also be the person that field is rented, the holiday that it is carry out offerred advantage, also should assume responsibility. " in front courtyard careful, the agent of LV referred notarial deed to serve as evidence, think, basis " trademark law " the 52nd regulation, two hotels violated LV trade mark right, should have corresponding compensation. Luo Zhenggong expresses: Hotel issued bill, this is in any countrywide courts are held, more running place what is more,the rather that is to be in the public house is big, let a person more easily hold the one share that is a hotel; If the court approbates what the hotel offers to rent an agreement, rental square responsible obligation undertakes administrative to the management project of tenant, in big management product, hotel administrator knows its manage brand and project anyhow, if discover management product nots agree with, should seasonable exercise manages obligation. He says, according to our country " trademark law regulation " relevant provision, violate the act of other patent rights of registered trademark intentionally, offer storage, carry, mail wait for convenience condition, assume tort likewise civil liability. Procuratorate of court of top 2004 people, top people " encroach case of intellectual property criminal about dealing with specific application law the explanation of a certain number of problems " the 16th regulation: Know perfectly well other to carry out encroach intellectual property criminality, and offer date of loan, capital, Zhang to wait for its, perhaps provide the help such as production, management place, in order to encroach the accomplice punish that intellectual property commits a crime. Accordingly, the hotel should offer management place to assume its responsibility alone to oneself. Luo Zhenggong's lawyer tells weakness of consciousness of businessman intellectual property the reporter, in the process of Dalian collect evidence, can see partial businessman is very fragile still on intellectual property consciousness. As we have learned, besides counterpoising for LV dimension, luo Zhenggong's lawyer still waits for Euramerican and well-known trademark to undertake in Beijing, Shanghai, Guangzhou and Shenzhen and other places thought fors the time being for GUCCI, CHANEL, Burberry, PRADA, offer intellectual property to protect politic proposal. Someone says, the competition of world future is the competition of intellectual property. Below globalization setting, undertake with intellectual property name " world war " smoke of gunpowder has diffused between enterprise of China and foreign countries, and grow in intensity. Making what the person sighs with emotion is, since 2006, the international such as LV, GUCCI is famous the brand pulls open dimension to counterpoise in Beijing after big screen, when going more than 5 years. However, dimension authority case still emerges in endlessly, footstep of authority of dimension of big shop sign does not have these international from beginning to end cease, hit all the way from the city of a gleam of such as Beijing, Shanghai, Guangzhou, the ground that reachs is basin excessive earthen bowl full, in Dalian also be such. Dalian a few enterprises think, certain bazaar puts Dalian in heavy action really business is small superintended circumstance, make operator of a few sham products takes advantage thereby. As we have learned, from September 1, 2009, inside two years of time since court of people of division of Dalian Xi Gang establishs intellectual property law court, brand tort dispute is the category with maximum amount of the put on record outside removing copyright issue, and the amount increases ceaselessly. Same, the intellectual property of Dalian protects a case from this year the beginning of the year arrives by August, already put on record many 260.