Both Hermès and Adidas were sold by counterfeit trademark masks, but the amount of compensation for the two companies was very different.

(Photo by reporter Huang Liangjie)

[Reporter Huang Liangjie/Kaohsiung Report] A woman surnamed Qu was accused of selling imitations of Adidas and Hermes masks on the Shopee shopping website. The police seized a total of 570 counterfeit products. This action affected the goodwill of 2 companies, and the industry filed a lawsuit Claimed 116,000 yuan and 100,000 yuan, and asked for an apology on the front page of the 3 newspapers. The Kaohsiung District Court concluded that Adidas’s registration scope did not include mask products, and awarded no compensation; 200 times the compensation, the defendant only needs to pay 1,400 yuan in total.

The verdict pointed out that the defendant Qi Nv sold counterfeit masks with the trademarks of Adidas and Hermès on the Shopee auction website in April last year. 480 pieces of Adidas masks and 90 pieces of Hermes masks.

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The police notified the two original factories to confirm and pursue the case. The case entered the judicial process. The female defendant never appeared in court, nor did she submit a written statement. Adidas, which belongs to Adidas, and Hermes International, which belongs to Hermes Adidas part decided to claim compensation based on 1450 times the market price of 80 yuan per group (10 pieces), Hermès part decided to claim compensation based on 1250 times, respectively demanding compensation of 116,000 yuan and 100,000 yuan, and asked to publish it on the front pages of three major newspapers Apology notices are 1 day each.

The Kaohsiung District Court reviewed the famous international brand Hermès, which is popular all over the world. The totem of the product is well known. The defendant, Qu Nv, sold the imitation mask for nearly 8 months, infringing on the company's trademark rights and causing confusion among consumers. The retail price of each piece is 7 yuan. , and awarded 200 times the compensation, that is, 1,400 yuan in compensation.

In addition, because the trademark registration of Adidas does not include masks, it is determined that the counterfeit masks did not infringe on the trademark rights of Adidas. Moreover, the defendant did not sell wholesalers or large stores in large quantities or on a large scale, and the number of cases was deducted. There are not many, and it is not big to seek improper benefits. Only 1,400 yuan in compensation was awarded, and all other claims were rejected. The whole case can still be appealed.