OEM Crocodile Trademark Leads to Lawsuit

 

Shanghai Pudong District Court ruled in favor of Everton Wuxi International Trading Co., Ltd. (Everton) which did not constitute trademark infringement of Crocodile Garments Limited Company (Crocodile) recently, the disgruntled Crocodile appealed to the court.


Crocodile held that they had obtained the trademark of "Crocodile" and sued Everton to the Customs on the groung of trademark infringement. Then Everton received an notice from Shanghai Customs that the Customs seized the jeans on February 10, 2010.


Everton claimed that they signed a processing contract with a company in Korea for making sewing embroider jeans and exported to Korea from December in 2009 which did not sale in China.


The Court held that Everton was authorized to use the question trademark in processing business, and it did not intentionally use Crocodile in its trademark that cause a loss to defendant, so ordered. We will follow the development of the case.


(China IP News)

2013-07-17