15 March, 2019
IP Court held that PG’s use of locks similar to LV’s registered trademark “
” (S-Lock) on their leather bag products infringed upon LV’s trademark rights and PG should bear civil liabilities therefor.
LV filed a criminal complaint for trademark infringement against the legal representative of PG Fashion Co., Ltd. (“PG”) after learning that the locks fitted to the leather bag products sold by PG resembled LV’s registered trademark “" defendant not guilty since that the locks were primarily used by PG as functional fittings and that the public prosecutor failed to prove the defendant’s malicious intent.
LV thereafter filed a civil lawsuit against PG. The IP Court in its Judgement No. 107-Civil-TM-Appeal-Sum-3 held that by virtue of Article 68-(1) of the Trademark Act, using a mark identical to another person’s registered trademark on the same goods for marketing purpose without authorization should constitute an infringement upon the registrant’s trademark right. The locks fitted to PG’s leather bag products were almost identical with the trademark “” (S-Lock) registered by LV on the Class 18 goods (including leather bags) in Taiwan since 2005. The court held that PG’s use of the contested locks constituted an infringement upon LV’s trademark rights. PG was ordered to pay NT$ one million in damages.
The IP Court noted that although the legal representative of PG was found not guilty in a final criminal judgement for the same act of PG in selling the contested leather bag products, the civil procedure and the criminal procedure were independent to each other, and were not binding upon each other.
For further information, please contact:
Kevin Wei, , Tsar & Tsai Law Firm
law@TsarTsai.com.tw
