Building A Unique Local Clothing Brand Is Imminent.

< p > recently, Italy famous luxury menswear brand Zegna (Zegna), on suspicion of infringing its exclusive right to register a trademark, has filed 21 serial lawsuits against China's local a target= "_blank" href= "//www.sjfzxm.com/" > clothing /a > enterprise Guangzhou rich Silver Trading Co., Ltd. (hereinafter referred to as Guangzhou rich silver) and its distributors in Dalian, Changchun and Guangzhou. The amount of each claim is 5 million yuan, with a total amount of more than 100 million yuan.

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From P to September 4th, the dispute over clothing brands was held in Guangzhou central court.

The 100 million lawsuit, which is known as the "double hero" dispute by the media, is another big case after Adidas v. Adi Wang and Jordan v. Jordan.

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< p > < strong > whether malicious imitation is the focus of controversy. < /strong > < /p >

< p > Zegna is a luxury menswear brand in Italy founded in 1910. It opened its first store in Beijing in 1991. It has opened more than 100 stores, and China has become its largest consumer.

In April 2010, Guangzhou Fu Yin opened a brand store with Zsnoi as its brand, and now there are more than 30 shops.

Why do these two clothing brands that seem to have a strong background and strength differ in trademark disputes? < /p >

< p > Zegna said in its lawsuit that as the world's top luxury men's clothing, its brand has high popularity and reputation. A series of identical or similar trademarks used in the production and sale process of Jay Sheng mainly include "double Z", "black and white stripes" and "Z sport", which are easy to leave the same or similar impression to the relevant public, which is a malicious imitation and illegal climbing of Zegna brand.

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< p > reporter noticed in the interrogation process of the trial, Zegna also showed the Jersey brand T-shirts, casual pants and belts which were purchased at Yinxi and Guangzhou friendship stores in Hangzhou. The labels on the outer packaging, tag and clothing labels were clearly visible in the appearance of "double Z" and "black and white stripes".

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"P" and the rich silver company said that they own the registered trademark "Zsnoi". In the process of using it, doing some reasonable deformation of the "Zsnoi" trademark is the industry practice, and is also the basis of its rights, and when it is used, it is used together with "Zsnoi", playing the role of the regional commodity source.

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< p > Liu Wenbin, an agent lawyer of Fu Yin company, said that the use of "double Z", "black and white stripe" and "Z sport" by the JS brand is not a commodity recognition. It is just a kind of beautification and does not constitute trademark infringement in the sense of Trademark Law.

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Another focus of controversy in the "P" court is whether Zegna, the world's top luxury men's suit, is the same as the consumer group of the domestic light luxury men's Jay Sheng. Liu Yizhou, a plaintiff lawyer, believes that although there is a price difference between the two products, the relevant public is consistent.

If the top brand and the general brand consumer group are fragmented and there is no confusion, are the other two or three line brands infringing the infringement of the top brands?

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< p > the amount of compensation is also controversial.

"The plaintiff failed to submit the loss due to infringement in court, nor could he provide evidence of the defendant's profits. The five million yuan compensation was impossible.

According to the existing trademark law, the maximum amount of statutory compensation is five hundred thousand yuan, even if the maximum amount of compensation is only three million yuan under the new trademark law. "

According to the defendant's lawyer, the plaintiff's action was malicious, and he said he would retain the right to investigate.

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< p > up to now, this 100 million lawsuit is still being tried. It is still unknown whether whoever wins or not. However, due to this influence, cooperation between Guangzhou rich bank and many dealers is at a standstill. Chairman Zhang Sheng said: "this case has caused huge losses to Guangzhou's rich silver, and subsequent and invisible losses are immeasurable."

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< p > < strong > legal action or marketing means < /strong > < /p >

< p > by the global economic downturn, the major international luxury brands are also suffering from the winter of the industry. The decline in performance is an indisputable fact.

Against this background, international luxury brands are targeting the Chinese market, and Zegna brand is no exception.

In 2012, Zegna brand made 562 million yuan in China, accounting for half of its global net profit.

But as domestic consumption tends to be rational and local brands rise, luxury clothing brands will face a new challenge in China.

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< p > JS brand was founded in 2010, aiming to build the brand of domestic light luxury men's wear.

Compared to the price of tens of thousands of international luxury clothing, the price of Jay Sheng is obviously more close to the people.

Insiders have speculated that Zegna's serial action initiated against Jesse brand, which started three years ago, is likely to be a clearing action to enter the Chinese market and a marketing tool.

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< p > < strong > trademark application should reasonably avoid "/strong > < /p >.

"P" reporter interviewed the vice chairman of the Guangdong Intellectual Property Protection Association on behalf of the "double Jay" brand lawsuit. He said: "whether at home or abroad, the key point of trademark infringement is whether the core part of the trademark has been plagiarized, making others mistaken for the product or sub brand.

Whether or not it is used as a trademark objectively, it plays an objective role in identifying, resulting in the corresponding effect of trademark. It should be regarded as a trademark.

Why are those products that can become top luxury brands in the world are closely related to the cultural connotations of the group, quality and brand that they serve.

Whether copying or copying depends on whether it has the same concept and cultural connotation.

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"P > Zegna's indictment of the Guangzhou rich silver incident has also made a wake-up call for domestic enterprises in building their own brands." on behalf of the month, "Zhang Daqian said," learn from me, like I die. "The creation of domestic national brands should not stay in the stage of copying and copying international brand, but should learn their quality and spirit.

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< p > in the aspect of trademark application, the author also gave his own suggestion: "the focus of trademark is to distinguish the source of commodity service, so we especially emphasize originality and uniqueness.

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