Changsha Intermediate People's Court in central China's Hunan Province has ruled that a local department store must stop selling products that infringe on the trademark of the French brand Lacoste.
Changsha Parkson Department Store was ordered to pay compensation of 5,000 yuan (US$600) as, according to judges, logos on wallets, leather belts and briefcases they sold were nearly identical to Lacoste's crocodile logo.
The only difference was that the crocodile on the original faces to the right while on the counterfeit products it faces left.
Sources with the plaintiff, La Chemise Lacoste, said they are satisfied with the judgment.
Used since 1927, Lacoste's trademark design was registered in France in 1933, and in China in 1980.
Local media reported that the defendant is appealing to a higher court, saying that the products in question are from the Singaporean supplier Cartelo, and that since the Cartelo trademark is registered "it is not trademark infringement to sell Cartelo products."
They had argued that the action in Changsha should not be final because there were several other lawsuits between Lacoste and Cartelo underway elsewhere in the country, but this was rejected on the grounds that the other cases involve completely different products.
A Shanghai court ruled earlier this year that Lacoste had infringed on Cartelo's copyright, and the French company is appealing this decision.
Lacoste is also suing Cartelo in local Beijing courts but news of a judgment is still pending.
The well-known French brand has long been engaged in safeguarding its trademark rights in China's notoriously counterfeit-ridden market.
They reached a conciliation deal with Hong Kong Crocodile last year after Beijing's High People's Court had accepted Lacoste's case against them in 1998.
(China Daily November 22, 2004)
