The company behind the amaniya flagship store is Jinjiang Morike Shoes and Clothing Co., Ltd. in Fujian Province. It is a company that specializes in "famous brands".
A few days ago, regarding a dispute over the exclusive rights to infringe the Le coq sportif (Chinese name Lecoq, commonly known as French Rooster) brand trademark, the Supreme People's Court of the People's Republic of China issued a final ruling: rejecting Xiamen Golden Rooster Reexamination applications of Sporting Goods Co., Ltd. and Fujian Jinjiang Morike Shoes and Clothing Co., Ltd. This means that this trademark dispute case surrounding the "rooster" brand has ended with a complete victory for Ningbo Lekake Clothing Co., Ltd.
This case has been filed since October 24, 2008 by Ningbo Lekake Clothing Co., Ltd. (a Sino-foreign joint venture affiliated to Shanshan Co., Ltd., a famous Chinese clothing company, hereinafter referred to as Lekake Company). It has been two years since the Intermediate People's Court filed a trademark infringement lawsuit. The cause of the case is the infringers Xiamen Jinji Sporting Goods Co., Ltd. (hereinafter referred to as Xiamen Jinji Company), Shanghai Jinji Sporting Goods Co., Ltd. (hereinafter referred to as Shanghai Jinji Company), and Fujian Jinjiang Morik Shoes and Clothing Co., Ltd. (hereinafter referred to as Morik Company) ) and its Wenzhou dealer Liu used graphics similar to the Le coq sportif trademark on the sportswear, pants, T-shirts and other clothing, socks, ball caps and other products they produce and sell, as well as their outer packaging. Rooster patterns, and a large number of infringing patterns are used in external publicity, promising sales, developing sellers, expanding sales network channels, etc. In addition, Xiamen Golden Rooster Company and Shanghai Golden Rooster Company also deliberately emphasized the French origin of their brands by publishing false information and other means, causing relevant consumers to misunderstand the origin of their products and forming a misperception that they were somehow connected with Lecoco. . This kind of behavior seriously affected the normal operation and brand image of Lecoq Company, and also greatly harmed the legitimate rights and interests of consumers. Lecoco Company took the three companies to court with a complaint.
On April 7, 2009, the case was heard in Wenzhou Intermediate People's Court. The court determined that the two designs were similar trademarks. According to Article 52, Paragraph 1 of the Trademark Law of the People's Republic of China, the act of using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant shall constitute Infringement of exclusive rights to registered trademarks. Accordingly, the court made a first-instance judgment, ruling that the three defendant companies had infringed upon Lecoco's registered trademark rights and were required to compensate for economic losses of RMB 80,000 and publish a statement to eliminate the impact of the infringement. After the first-instance verdict, Xiamen Jinji Company and Morik Company were dissatisfied with the verdict and filed an appeal. On March 15, 2010, the Zhejiang Provincial Higher People's Court held a hearing to accept the case. On April 12, the Zhejiang Provincial High Court made a final judgment upholding the original judgment of the first instance. However, the two infringing companies questioned the final judgment and applied for retrial to the Supreme People's Court. On July 21, the Supreme People's Court held a hearing in the Intellectual Property Division to conduct the inquiry process for the retrial application. After review and analysis by the Supreme People's Court, the final ruling was issued on September 7: the retrial applications of Xiamen Jinji Company and Morik Company were rejected. This dispute over the exclusive right to use the trademark of the “rooster” brand has been settled.