The Tianhe District Court of Guangzhou rendered a trademark infringement and unfair competition case between the plaintiff, Officine Panerai AG ("Panerai"), and the defendant, holding that the defendant should immediately stop the production and sale of the infringing products and compensate Panerai for the economic loss and the reasonable costs for a total of RMB650,000 (USD90,930).
Allegedly infringing goods
Cited Marks and Panerai's products
The court found that the defendant operated an online store to sell watches, including the allegedly infringing products. The allegedly infringing goods were identical to the goods authorized for use of Panerai's 3D trademark. Upon comparison, the shapes and sizes and proportions of the cases, crowns and lugs of the allegedly infringing goods were similar to the relevant elements of the Cited Marks as a whole, and the hands and numerals displayed in the dials of the allegedly infringing goods were similar to those of the said trademarks, which had a close resemblance. The said goods infringed the Panerai's trademark right by using the product shape similar to its 3D marks without the Panerai's authorization. The defendant as the production and sale of infringing goods should be held liable for infringement and damages.
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