Nike sues Chinese companies
文章来源: 文章作者: 发布时间:2009-06-27 06:29 字体: [ ]  进入论坛
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American sporting goods giant Nike is suing two Chinese companies for copying one of its logos - a silhouette1 of former basketball star Michael Jordan slam-dunking.

Shanghai Century Lianhua Chengshan Supermarket Co Ltd was illegally displaying and selling fake sports pants bearing the logo for nearly a year, Nike International told Shanghai No 2 Intermediate People's Court yesterday at a hearing. The first defendant2 purchased the pants from the second defendant, Shanghai Kangchen Garment Co Ltd, said Nike's attorney Kong Qin.

"The two defendants3 should print a notice in local Xinmin Evening News to dispel4 the negative influence they created and pay a compensation of 300,000 yuan ($43,900)," he said.

But the two contend that the logo they are using is actually not the same as Nike's.

"We didn't know the Nike logo is similar to that on our products," said Tang Yun, the attorney of the two defendants.

"It is true our logo bears some resemblance to Nike's, but ours also includes the word 'sports' in block letters, therefore one could not be mistaken for the other," he said, adding that the compensation asked for "is way too high".

Tang explained that Shanghai Kangchen did not produce the pants but purchased them from a market in Changshu, Jiangsu province, at 13.2 yuan each for 50 pieces. The supermarket bought 39 pieces from Kangchen and sold 32.

A pair of pants bought by Nike from the supermarket on August 20, 2008 for19.9 yuan, and presented at the court yesterday bears a logo with a figure holding a ball with SPORTS written under it. The figure is slightly different from that of the Jordan silhouette used by Nike.

No verdict has been reached yet.

The number of intellectual property right (IPR) litigations is rising in Shanghai's courts. In 2008 they accepted 1,757 IPR-related cases and resolved 1,634, 43.1 percent and 33.2 percent respectively higher than those in previous years. More than 15 percent of cases involve overseas parties, mostly from the United States, Britain, Japan and Germany.

Last month, fashion firm Louis Vuitton (LV) brought the owners of a Shanghai shop to court for selling counterfeit5 versions of its trademark6 products. LV is demanding 1 million yuan ($145,000) from them. No verdict has been given.

Meng Ting, a lawyer with Beijing Jinque Law Firm, said despite a major drive towards IPR protection "counterfeit goods are still widely seen", as "the compensation is way too little compared to the profit". If the plaintiff fails to quantify the loss, he can claim a maximum of 500,000 yuan.



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1 silhouette SEvz8     
n.黑色半身侧面影,影子,轮廓;v.描绘成侧面影,照出影子来,仅仅显出轮廓
参考例句:
  • I could see its black silhouette against the evening sky.我能看到夜幕下它黑色的轮廓。
  • I could see the silhouette of the woman in the pickup.我可以见到小卡车的女人黑色半身侧面影。
2 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
3 defendants 7d469c27ef878c3ccf7daf5b6ab392dc     
被告( defendant的名词复数 )
参考例句:
  • The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
  • As in courts, the defendants are represented by legal counsel. 与法院相同,被告有辩护律师作为代表。 来自英汉非文学 - 政府文件
4 dispel XtQx0     
vt.驱走,驱散,消除
参考例句:
  • I tried in vain to dispel her misgivings.我试图消除她的疑虑,但没有成功。
  • We hope the programme will dispel certain misconceptions about the disease.我们希望这个节目能消除对这种疾病的一些误解。
5 counterfeit 1oEz8     
vt.伪造,仿造;adj.伪造的,假冒的
参考例句:
  • It is a crime to counterfeit money.伪造货币是犯罪行为。
  • The painting looked old but was a recent counterfeit.这幅画看上去年代久远,实际是最近的一幅赝品。
6 trademark Xndw8     
n.商标;特征;vt.注册的…商标
参考例句:
  • The trademark is registered on the book of the Patent Office.该商标已在专利局登记注册。
  • The trademark of the pen was changed.这钢笔的商标改了。
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