Hunan High People's court made a final decision on an unfair competition case, awarding 250,000 yuan in damages to Adidas-Salomon AG (Germany).
The plaintiff Adidas-Salomon AG is a world leading sporting goods manufacturer. A party outside this civil proceeding with registered company name in the United States, USA Adidas International Group LLC, licensed Shanghai Andao Sporting Goods and a third party Andao Shoes to use the trademark ACCEPTER held by it. Licensed by USA Adidas International Group LLC was labeled on the tags of shoes and packages thereof supplied by the two defendants.
Adidas-Salomon AG learnt of the situation and brought an action against the two Shanghai companies. After Changsha Intermediate People's Court made a judgment, the two defendants appealed. The high court held the defendants'sale of goods glaringly affixed with the trademark Adidas without the plaintiff's consent is intended to take a free ride of the reputation of Adidas. Unfair competition is constituted. So ordered.
2013-07-17