the defendant ningbo AoTeLaiSi judgment think shopping Co., LTD. Is engaged in the clothing, clothing, shoes and hats, bags and other fashion retailers, and "consumer" is the defendant intends to GUCCI operating a commodity brand, the accused "GUCCI" trademark gucci handbags authentic use is not legal significance on the use of trademarks of services. Meanwhile, the defendant not open, allowing shop does not exist are selling or prepare sales of goods, the plaintiff offered evidence also cannot prove the defendant to "GUCCI" logo use is used as a trademark for goods. Therefore, the gucci sale plaintiff think the defendant constitute a trademark infringement allegations, unsubstantiated, cannot be established.
But the defendant without the plaintiff's permission, unauthorized use of the "GUCCI" name as shops door head store recruit, this propaganda behavior direct use of the gucci watches uk plaintiff's operating results and "GUCCI" reputation, thus obtaining a favorable market competition gucci status. Therefore, the defendant has obvious through the form of "free-rider" raise its corporate image of the subjective intent, is extremely easy to make public cause misidentification, thought the defendant's shops department cheap gucci clothing of plaintiff's investment or operating in China, is the plaintiff and defendant's AoTeLaiSi February or cooperation courses to February. Meanwhile, the defendant in the advertising is not on the operating conditions of a comprehensive, complete description, the ambiguity of sexual AD will make relevant gucci shoe sale to the public that the defendant prepare selling goods and the plaintiff store of goods has the same quality and fashion degrees, thus obtaining the unfair advantage, cause the plaintiff's interests infringed gucci handbags upon, constituting unfair competition.
Because the defendant has not yet formally opened, the plaintiff cannot prove the defendant tortious benefit from, according to the actual situation, a cheap gucci sunglasses court judged the defendant ningbo AoTeLaiSi shopping Co., LTD to immediately stop to plaintiffs GUCCI company of unfair competition, and compensate the RMB 50,000 yuan.