in November 27, Wang Jun issued a "Christmas ultimatum": "Louis Vuitton" will become a civilian brand in China the next day if the two sides do not hold substantive consultations on the agency in Wuhan before Christmas 27.
LV's request for patent revocation was rejected
Wang Jun is an ordinary private clothing owner in Hanzheng Street, Wuhan. In 22, Wang Jun studied the trademark law and found that China implemented one standard and one category, with a total of ***45 categories, and each category needed special registration, while LV only applied for trademark rights of clothing, leather goods, jewelry and precious metals in China; At the same time, LV's product patents in China are completely blank. At that time, Wang Jun successfully registered English "Louis Vuitton" and Chinese "Louis Vuitton" trademarks; At the end of the year, we designed the outer packaging of LV handbag and applied for a patent for its appearance. On October 8, 23, China National Intellectual Property Administration announced that it was granted the patent right.
on February 24th, 24, LV submitted to the General Administration of Intellectual Property of China that most of the patent pattern elements in Wang Jun are LV's world-famous symbols, while LV has already registered its trademark in China, and Wang Jun's patent conflicts with its prior trademark right, requesting to announce the revocation of the patent. Subsequently, the State Intellectual Property Administration set up a collegiate panel of the reexamination committee on this patent (hereinafter referred to as the reexamination committee). The LV patent case lasted for three years. At the end of 26, the reexamination committee finally ruled that the French LV had insufficient legal basis and maintained the validity of the patent right in Wang Jun.
In April, 27, French company LV Maritti sued the China National Intellectual Property Administration Patent Reexamination Board to Beijing No.1 Intermediate People's Court, requesting the court to cancel the relevant decision of the Reexamination Board, and Wang Jun will participate in the lawsuit as a third person. And seven months later, there is still no result.
On November 22nd, Wang Jun applied to Wuhan Customs for nationwide patent filing, and seized LV products suspected of infringement. In order to get back the goods LV, she had to pay a "counter-guarantee" deposit of one million yuan as compensation for Wang Jun once the infringement was determined.
If no settlement can be reached, China "LV" will be produced.
It can be confirmed that Wang Jun's registration of the trademark and product appearance patent of China "Louis Vuitton" is a cybersquatting act. What is his purpose?
Wang Jun sent LV a peace negotiation plan on November 6, 27, and it is willing to transfer a series of intellectual property rights it owns to LV at the price of RMB 1 yuan, but only if LV grants it the exclusive agency right in Wuhan. However, LV with direct sales model may be difficult to do.
The negotiation plan has fallen into the sea, and Wang Jun's attitude towards LV has already been prepared. "The reason why I hold the trademark and patent right of China's' Louis Vuitton' and didn't put it into production stage is because I respect LV, a top brand, but LV's delay in expressing its position makes me feel that it is meaningless to wait. If they haven't conducted substantive negotiations with me on the agency right before Christmas, I will immediately terminate all negotiations and enter the production process after Christmas. The price of China's' Louis Vuitton' is only one-third of that of LV products. I believe that when the boss and his employees in China are using Louis Vuitton, LV's international top brand status in China will not be guaranteed. "
Wang Jun also said that if LV can't authorize an agent, it's not impossible to buy back the patent right, and the deal will be made at RMB 12 million. He stressed that if the price is delayed, it will increase.
Wang Jun proposed two cases: ① LV invested 12 million yuan to buy back the patent; ② LV gave it the exclusive agency right in Wuhan in exchange for intellectual property rights
If it wants to sell in China, LV may only "change its face"
It is reported that the real fatal threat to LV trademark comes from the product appearance patent right held by Wang Jun. It's not difficult to find from the materials for identifying the patent right of product appearance provided by Wang Jun to reporters that there is no difference between the product appearance applied by Wang Jun and the product pattern combination sold by LV in China. In other words, LV "lost Jingzhou" in China-it didn't apply for patent protection for the product pattern combination. Wang Jun said that it is reasonable and legal for LV products to use a single pattern element to enlarge as the product appearance. Once the traditional pattern element combination appears on their products, it will infringe on the appearance patent right of "Louis Vuitton" in China. He pointed out that the appearance of several mainstream products in LV has infringed his rights and interests, and that "changing face" is the only way out for LV products to continue to sell in China market.