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Nike (Nike) shoes in China, manufacturers of the two prosecution of copyright infringement, unlawful use of one hand with the U.S. NBA basketball star Michael Jordan, flying in the air and dunk the "flying trapeze" signs. Nike said that Auchan Supermarket Co., Ltd Shanghai and Ningbo Step shoe store selling shoes Jinjiang Long of Conway Co., Ltd. and Jinjiang Footwear Company Ltd. The two tortSecretary for the production, counterfeit Nike "Air Jordan shoes, Air" brand shoes, and asked three vendors 1 million yuan compensation for the loss.
A pair of fake Nike shoes and the price of these is RMB 100 yuan, contests several times cheaper goods.
Shanghai Second Intermediate People's Court on Monday conducted a second trial of the case, but no decision announced.
Earlier, reports said, Nike attorney told reporters that the sale and production of counterfeit trademark for shoes this situation, the Nike company had issued quickly by the business, ask to stop selling the infringing products, the purchase of goods to the plaintiff records, but the other has not beenCooperation. In response, plaintiffs believe that the business of the violations of subjective malice is clear that the plaintiff's reputation had a major impact, so were on the court, requested the Court to order the defendant to stop infringement, apologize and compensate 500,000 yuan economic losses .
But businesses do not agree with the defendant, "night" trademark is famous trademark saying, that the pattern of well-known even in foreign countries, but there is no necessary connection known in China. The defense also believe that the plaintiff's trademark under the notary documents, this trademark logo on only one word description, is a basketball player the image of flying in the air, but no patternDisplay, so the goods involved in the design are adorned with only the similarities, but does not necessarily constitute infringement.
Nike claims that the three defendants are unreasonable. Because the defendant received the plaintiff's lawyer's letter soon after the cessation of sales of goods involved, and involved in the case of goods removed from the counter, even if the infringement, sales are limited, the damage is also smaller.