Jack Wills Sues House Of Fraser Infringement

< p > in fashion circles, using animals as brand names has become a trend. Moose, fox, bird and so on are common.

Because of using similar animals to make brand names, there are endless commercial disputes.

Jack Wills, a popular fashion brand popular with celebrities and young students, brought the famous British boutique chain corporation House of Fraser to court because of similar bird icons in their respective trademarks.

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< p > > a href= "//www.sjfzxm.com/news/index_c.asp" > Jack Will < /a > the trademark of the dove logo of a clothing brand under the banner of chain corporation House of Fraser is similar to that of the Jack trademark of the famous trademark "pheasant". It is the same as the bird logo, and the trademark in the trademark is "the head of a wild chicken" wearing a hat, while the dove holding the crutches and the trademark of the brand is not carrying a cane, but also has a hat.

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< p > Jack wills spokesperson Roger Wyland QC said that the trademark of "a href=" //www.sjfzxm.com/news/index_c.asp "House" of of "less than" is counterfeiting and infringing on the wills. This kind of trademark will make consumers confused and think that the two brands are linked economically.

He also said that Jack Wills is not a traditional advertising campaign, but relies on word of mouth good reputation in the fashionable young people to build a reputation.

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< p >, and with "a href=" //www.sjfzxm.com/news/index_c.asp "> MaryPorta < /a", it also shows the influence of the brand on celebrities.

Such trademark infringement will have a bad effect on the economy and reputation of Jack Wills.

In order to safeguard their own rights and interests, the brand handed two shirts and knitted shirts with similar icons to judge for legal protection.

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< p > House of Fraser retorts that it does not embezzle the trademark of Jack Wills, because the phenomenon of using birds to make trademark brands in fashion circles is everywhere, and they are only one of them.

And consumers are wise enough to judge whether these trademarks are economically relevant.

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< p > related links: < /p >

< p > the following four constitutive elements constitute infringement of goods selling counterfeit registered trademarks: < /p >

< p > 1) there must be an illegal act, that is, the seller has implemented the sale of counterfeit registered trademark goods; < /p >

< p > 2) there must be a damage fact, that is, the sale of counterfeit trademark goods implemented by the perpetrator has resulted in the consequences of damage to the trademark owner.

Selling goods that counterfeit others' registered trademarks will cause serious property damage to the rights, and will also bring about goodwill damage to the units that enjoy registered trademarks.

Whether property damage or goodwill damage is a fact of injury.

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< p > 3] the offense is subjective and has fault, that is, the fact that the seller is a counterfeit registered trademark is known or should be known.

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< p > 4) there must be a causal relationship between the illegal act and the damage consequence, that is, the relationship between the sales behavior of the wrongful person and the antecedents and consequences of the damage result of the trademark owner.

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