As one of the brand's highest premium luxury brands, Chanel has been very cautious about image maintenance. Chanel’s act of defending rights, which has always been to fight against fakes, is not as smooth as it is in China.
According to the latest announcement of the Chinese Intellectual Property Court, the French luxury brand Chanel’s infringement lawsuit against Ye Mengzong, a jewelry store owner in Guangzhou, was rejected in April this year after the second trial in April. The reason is that Chanel does not have sufficient evidence to prove the store operated by Ye Mengzong. When selling the goods involved, there are cases where the products involved are similar to the registered trademarks of Chanel, so as to attract consumers and promote products as trademarks.
According to the court's public information, Ye Mengzong opened a jewelry store in July 2014, mainly selling Hong Kong jewelry brand Zhou Baifu products. On June 7, 2016, the former Haizhu District Industry and Commerce Bureau received a clue from a company to Ye Mengzong. The shop in operation examined and found that a batch of allegedly infringing goods contained jewellery containing “double C” logo. After the on-site identification, Chanel’s agent believed that the goods constituted an infringement of the exclusive right to use the registered trademark.
On the same day, the former Haizhu District Industrial and Commercial Bureau decided to investigate and deal with the case. On September 30, 2016, the former Haizhu District Industrial and Commercial Bureau made the “Administrative Punishment Decision”, arguing that Ye Mengzong constituted a trademark infringement, fined him 80,000 yuan and confiscated related commodities. Chanel immediately sued Ye Mengzong to Haizhu Court on the grounds of trademark infringement, requesting the court to order Ye Mengzong to compensate for economic losses and other 100,000 yuan.
After the first trial of the Haizhu District People's Court in Guangzhou, Guangdong Province, it was found that Ye Mengzong infringed on the exclusive right to use Chanel's registered trademark, and sentenced Ye Mengzong to compensate Chanel for economic losses of 60,000 yuan, but Ye Mengzong refused to accept the appeal to the Guangzhou Intellectual Property Court.
Ye Mengzong believes that he sells Zhou Baifu brand products, the products sold must be sent to Zhou Baifu after the test is qualified to hang Zhou Baifu's label, the related products do not use the registered trademark of Chanel, and the Chanel agent's on-site identification results do not have credibility. Secondly, a total of 8 products involved, the price is only 6,000 yuan and has not been sold, did not cause Chanel to suffer losses.
The Guangzhou Intellectual Property Court pointed out that the focus of the second-instance dispute in the case was whether the goods sold by Ye Mengzong’s shop infringed the trademark exclusive right of Chanel, that is, whether the shape of the goods could be legally constituted to constitute a violation of the exclusive right to use the registered trademark.
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