The battle of the “true and false monkey”

Source: Yangzi Evening News

Japanese famous tidal brand BAPE’s secondary line of the power of the power of the rights of the rights of the rights? Recently, Baby Milo’s Operational IT Group in China is “Official Xuan”: Liaoning Provincial Senior People’s Court Second Expedition (Final Aging) Decision “APE Tees” constitutes malicious invasion of copyright behavior and unfair competition, must stop infringement and compensation Economic losses. However, the reporter visited the APE TEES counters still selling related products.

Yangzi Evening News / Zappian News Reporter Song Nafei

Disclaimer: constitutes malicious infringement and unfair competition

Recently, the official Weibo of the Baby Milo Store released the “I. Group’s Brand Baby MiLo Rights” in the name of the I.T Group. According to the statement: “APE TEES” or “An Yi Po” brand in the market in recent years, its design or derivative design is highly similarity to the IT Group’s brand Baby Milo, causing consumers confused, seriously damaging Baby Milo Long-term efforts to establish brand image. The statement said that the relevant design of Baby Milo, the copyright belongs to the company. There is nothing to “APE TEES” to file an infringement lawsuit in the “APE TEES”, achieve substantive progress: the second trial (final review) of the Senior People’s Court of Liaoning Province, “APE TEES” constitutes a malicious invasion of copyright behavior and unfair competition, The infringement must be stopped and compensate for economic losses.


Infringement goods Nanjing still have sales

It is understood that Baby Milo is the secondary line brand of Japan’s red street BAPE. Its iconic monkey image is also interactive on the popular elements of hip hop. The Baby Milo name is from Milo in the movie “Pacific Planet”. Love is young by young people. Baby Milo’s opener of China is an I. Trumper’s subsidiary.

How to explain the rights protection of “this monkey” Baby Milo, how to explain An Yi? Yangzi Evening News / Zappian News Reporter In the sky, the APE TEES brand operator is the establishment of Zhongshan Anyiyi Clothing Co., Ltd., which was established in 2011. Its design shape is very similar to Baby Milo. The company’s registered capital of 2 million yuan, business scope includes: apparel, leather goods, footwear, luggage, umbrella, shopping bag, toy, carpet, textile, bedding, car supplies, cosmetics, daily necessities, etc.

Zhongshan An Yiyi Clothing Co., Ltd. has 41 trademark information, but in these trademarks, there is no company logo on logo. However, the “monkey” similar to Baby Milo is frequently appeared in a wide range of clothing and store in the company.

The reporter passed the official website of Zhongshan Anyi 猿 Clothing Co., Ltd., and found a fixed number and a mobile phone number, and called 3 times on May 8. But the fixed phone is no audible, the mobile phone number is “in the call”, and it cannot be turned on the second time. In addition, the official website shows its Weibo to @ 安 逸. However, the reporter queries found that the microblogging homepage of the account displays “the company’s qualification has not been reviewed”.

Recently, the reporter found an An Yijia counter, brand logo, product design, store decoration and exhibition and Baby Milo in a large shopping mall in Nanjing Xinjiekou. The goods are being promoted for a discount. The reporter asked if the tipgage brand is I.T, she replied “Yes”. However, the tag is written in the origin “Guangdong Zhongshan”, producers and production addresses are labeled as companies in Zhongshan. In terms of price, a short-sleeved T-shirt tag price is 299 yuan, and 179 yuan after discount. The reporter found that such counters more than one family.

In addition to the online store, the reporter found on many e-commerce platforms, still have an APE TES-related items for sale.


Look at Logo thinks two is the same brand

Yangzi Evening News / Zappiu Journalists learned in an interview that APE TEES misleaded part of the consumer of Baby Milo, and some people were confused and misunderstood LOGO, purchased the product. The reporter saw that a netizen gave a message on a APE TEES store in the public comment, Baby Milo is a brand that I like very much. I used to buy a lot of bags to the outside, and the monkey is very cute, the price is also favorable. “I bought it for so long, I didn’t expect such oolong!” A consumer said.

After a 80-year consumer Pan said that he did not have a special impression on the brand, nor did it deliberately studied whether it is the same. “When shopping, I accidentally saw the big monkey brand, the color of the clothes was exaggerated, the design is cool, often bought for my son.”


Brand maintenance is better through trademark rights

Y Yingke (Nanjing) Law Firm Yan Min Lawyer analyzed at interviews, it is worth noting that this case is not a trademark infringement. For brand maintenance, it is generally preferred to protect the brand through trademark rights, and the cracking strength and scope of unfair competition behavior is relatively large, followed by copyright protection.

Why does Baby Milo relies on trademarks? Yan Min analyzed that in the trademark office, I found Baby Milo’s main company and the infringement company. I found that Baby Milo’s most famous monkey model seems to have not registered, but other applicants registered this shape, this may be Baby Milo is difficult to maintain the cause of its brand through trademark rights.