2010 Interpretation Of "Crocodile" Disputes

Since August 7th, a number of spearheads directed at the Hongkong crocodile brand have appeared on Tianya community, Hongwang forum and other BBS.

These posts attack crocodile shirts from different angles.

The "I" in the post, a company employee who claims to be a little brother, has a "two year old married woman" and a righteous "reporter".

BBS: crazy biography

In August 11th, reporters found a post titled "wear the crocodile brand's taste and reject crocodiles" on Tianya community BBS.

A company employee who claimed to be a little brother once found a manager of a client company wearing a Hongkong crocodile shirt on a dinner party with his customers. He was extremely despised in his heart, and called after the article, "please remember carefully. When we can wear it in the future, we must wear the crocodile brand's taste and reject crocodiles."

Later, the reporter also saw in the red net forum a post entitled "Hongkong crocodile is an illegal trademark, who will protect our rights and interests". The author, "the little woman", told herself that she bought a T-shirt at the crocodile clothing store in Beijing anzhen Hualian. After returning home, she was scoldaged by the old man, saying that the crocodile she bought was a fake.

"Originally, I bought Hongkong crocodiles, cheap goods in Hongkong.

No wonder my husband will be so angry. If he is a face saving person, if he goes out in Hongkong crocodile, he will not be laughed at.

The author wrote.

So, on the second day, the "little woman" went to the store of anzhen Hualian Shopping Mall to ask for a return.

"I was still worried about whether they would refuse to return the goods in a bad manner. As a result, the service staff of the store even had a very dirty attitude. Even if I didn't look at what I had returned, I would give it back directly. This move was even more obvious. It seems that the Hongkong crocodile is an illegal trademark."

In these two posts, they invariably point out that the Hongkong crocodile is an "illegal trademark", and the trademark of the Hongkong crocodile shirt has been given the "evidence" rejected by the Trademark Office of the State Administration for Industry and commerce.

These two articles take

The first article "reporter" first concluded that "Hongkong crocodile (Crocodile) easy return event attracted many netizens and consumers' condemnation".

However, this article says that the litigants of the easy return door have become consumers of "Mr. Zhou" in Beijing, rather than the "little woman" who "returns easily" in the "anzhen Hualian crocodile counter".

After repeating the application of the trademark of the Hongkong crocodile shirt after being rejected, the reporter protested at the end of the article on behalf of all consumers to the speculation of the illegal merchants: "please restrain your wrongful act", you know, the eyes of the masses are bright, otherwise, the world will be wide, but one day you will get the severe punishment you deserve. Your actions of confusing the public will not be ignored.

The two "reporter" article jumped out of BBS and was reprinted by major portals at the speed of Internet.

Subsequently, the traditional media intervened, and the twelfth edition of the August 27th China Business Times published an article entitled "easy return door" to remind consumers again.

However, the article is basically a copy of the Hongkong crocodile's acceptance of consumer returns, triggering a new crocodile dispute.

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Crocodile shirt: "illegal trademark" is not true.

Is the Hongkong crocodile shirt really "illegal trademark"? In order to understand the truth, the reporter called the crocodile shirt (Zhongshan) company's trademark rights protection person in charge.

According to the person in charge, he never saw the articles on the Internet until he was away from business in August 22nd.

"The first reaction is very angry, and there must be competition in doing business, but we should be punished by illegal means to exclude competitors, otherwise the whole market environment will be very bad."

Regarding the "crocodile shirt is an illegal trademark", the trademark registration certificate issued by the crocodile company to reporters shows that in March 30, 1986, the crocodile company was approved by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office), and obtained two exclusive rights of registered trademarks, namely, crocodile and CROCODILE, and approved the use of commodities for shirts, trousers, T-shirts and other clothes.

In 2003, the crocodile company filed a trademark registration application for the crocodile CROCODILESINCE1952 and map to the Trademark Office, specifying the use of twenty-fifth categories of clothing, shoes, hats and so on. At present, the application is still in the normal trademark trial process and has not been approved.

That's the key to these web articles.

It is understood that under the State Administration for Industry and commerce, there are two departments responsible for trademark registration: the Trademark Office and the trademark review board.

The trademark office usually only conducts formal examination. It only checks whether there is any similarity between the registered trademark and the previous registered trademark. If there is a glimmer of similarity, the application for registration of the new trademark may be rejected.

"Although the new trademark application of the crocodile shirt is rejected by the Trademark Office, the trademark review board is the key sector to truly judge the trademark.

The Trademark Review and Adjudication Board will assess whether the trademark can be registered through registration in the light of its historical status and popularity.

Some trademarks in our new trademark series have been approved and registered since last year.

The person in charge said.

Because the trademark review of the crocodile shirt is still in progress, the final result has not yet come out. Mr. Cai, director general of the SAIC, said the business jury should not disclose details.

"

Secondly, it is totally wrong for lawyers to think that "can only be operated in Hongkong".

"In 1986, the two brands of crocodile's crocodile shirt and CROCODILE were registered in the mainland."

It is understood that the current "three" legal "crocodile" on the market, including France LACOSTE, Hongkong crocodile shirt and Singapore Cartier, the earliest Chinese mainland market is Hongkong crocodile shirt.

But for the post "Hongkong crocodile in Hongkong is the low-end cheap goods", the crocodile company is very ridiculous.

"In Hongkong, where rents are so high, how much rent do you charge for such an expensive shop, selling low priced products, and how to pay the rent? The annual rent of a shop that rents the highest in Hongkong is HK $about 15000000. Can the goods be recovered? Can the brand of the stall goods survive for so many years?" the head asked.

There was a time when crocodile shirts made such a slogan in Hongkong: "the brand known from children to special capital".

"Because the Hongkong market is relatively small, we dare to say such slogans, but the mainland market is very large, and consumers are upgrading. Unlike most people in Hongkong, this brand is very clear. If this kind of post is placed on Hongkong's BBS, no one will be able to talk about it."

Crocodile company official said.

Counterfeiting has been retaliated. Who is behind the scenes?

According to the director of trademark protection of crocodile company, those articles appearing on the Internet have made the crocodile brand agents extremely troubled.

In September 1st, the responsible person received more than 5 calls from the brand agent.

"They do not believe in the contents of these articles on the Internet. They only feel angry when they see these posts. Their first impression is that the company should respond to this statement as soon as possible, stop it and take action."

As a matter of fact, after finding the post of bad influence on crocodile products and brand reputation on the Internet, the crocodile company has reported to the public security organs in Beijing and Guangdong for the first time, hoping to find out the source of these articles with the investigative ability of public security organs.

"As an enterprise, we simply can't find the source."

The person in charge said.

At the same time, welfare lawyers began sending letters to all websites asking them to delete the infringement information on crocodile company.

"These articles either directly degrade the reputation of the crocodile company, or abuse the crocodile company's innuendo.

We believe that this is an organized, premeditated, well planned and malicious attack. The intention of the planner to destroy the crocodile company and its brand image is through the incitement of rumors on the Internet.

The welfare lawyer said.

"From the wording of these articles and the mastery of relevant information, it is not like the fact that consumers are not aware of the truth, they are very likely to be malicious maliciaries of their competitors."

Most of the posts posted on BBS are newly registered ID posts and replies, and the replies of all forums are surprisingly consistent, just like those copied directly.

Lawyers said that if these posters were manipulated behind them, they obviously had violated the 221st article of the criminal law - "fabricating and disseminating hypocritical facts, damaging other people's business reputation, causing heavy losses to others or having other serious circumstances", which will constitute a crime of damaging commodity reputation.

"Because our company has a relatively strong anti-counterfeiting effort, we often encounter retaliation against targets.

In some small cities, local counterfeit crocodiles have also been retaliated, but this is the first time they have encountered such a thing on the Internet.

It is rare to make malicious attacks on libel by using the characteristics of the network spreading quickly.

Crocodile company trademark rights protection person in charge said.

It is understood that the main object of the recent crocodile company's counterfeiting is a crocodile crocodile (CLIOCODDLE).

Over the past two years, the "crocodile crocodile" franchised store has developed rapidly, and has spread all over the country's large and medium-sized cities, and stores are open in the prosperous area.

Klauk DA has been making use of a low discount of one to seventy percent off for a long time, as well as "crocodile clearance" and "season clearing" to attract consumers, and the publicity gimmick of its "crocodile brand exit from the mainland" has also caused great misleading to consumers.

In June of this year, the crocodile company once joined the local industry and Commerce Bureau to go to a number of Klauk Da stores in Zhongshan, Guangzhou, No. four Road 320, Beijing road 208 and Beijing Road 267, which have been investigated by the local industry and Commerce Bureau.

However, is it known that he is the publisher of these web posts, or is there any other competitor to take part in it to combat the crocodile shirt with such unfair competition? Everything remains to be further investigated by the public security organs, who is still behind the scenes.