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My crocodile is better than your crocodile
(China Daily)
Updated: 2004-11-22 08:36

The 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 famous French brand La Chemise Lacoste.

French Lacoste crocodile faces to the right while the fake logo faces left. [sohu]

The Changsha Parkson Department Store was also ordered to pay compensation of 5,000 yuan (US$600) to the French company.

According to judges, logos on wallets, leather belts and briefcases sold at the store were nearly identical to the Lacoste crocodile logo.

The only difference was the logo of Lacoste crocodile faces to the right while the counterfeit product logo faces left.

The decision upheld Chinese Trademark Law, the judgment said.

Sources with the plaintiff La Chemise Lacoste said the French company is satisfied with the judgment.

Initiated in 1927, the Lacoste trademark was authorized for registration in 1933 in France and achieved trademark registration in 1980 within China.

The defendant, Changsha Parkson, has appealed the decision to a higher court, local media reported.

The products with the fake crocodile logo are from Singaporean Cartelo, according to the store that sold the items.

"The Cartelo trademark is a legal one. So it is not trademark infringement to sell the Cartelo products," store workers said.

Meanwhile, the defendant said that since several other trademark lawsuits between Lacoste and Cartelo are still under way in other courts in the country, the action in Changsha should not be final.

The court rejected that argument on the ground that the cases heard by other courts involve products that are not the same or similar with those in the case in Changsha.

French Chemise Lacoste has sued Cartelo over trademark infringement in Beijing-based local courts but no judgment has been reported.

In another development, the Shanghai No 2 Intermediate People's Court decided earlier this year that Lacoste infringed on Cartelo's copyright and the French company has appealed to a higher court.

So Lacoste's winning the case at the Changsha-based court over its trademark is regarded as a victory against Cartelo.

The well-known French company has long been engaged in safeguarding its trademark rights in the Chinese market.

Lacoste reached a conciliation deal with Hong Kong Crocodile last year after the Beijing High People's Court accepted the accusation from the French company in 1998.

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