On June 5438+065438+ 10, 2007, Wang Jun issued an "ultimatum": If the two sides do not hold substantive negotiations on Wuhan's agency right before Christmas 2007, "Louis Vuitton" will become a civilian brand in China the next day.
Reject Lu's request to revoke the patent.
Wang Jun is an ordinary private clothing owner in Hanzheng Street. In 2002, Wang Jun studied the Trademark Law, and found that there are 45 types of trademarks in China, each of which needs special registration, while LV only applied for trademark rights of clothing, leather goods, jewelry and precious metals in China. At the same time, LV's product patents in China are completely blank. At that time, Wang Jun successfully registered English "Louis Vuitton" and Chinese "Louis Vuitton" trademarks; At the end of the year, we designed the outer packaging of LV handbags and applied for the appearance patent. On June 8, 2003, China National Intellectual Property Administration, China announced that it was granted a patent right.
On February 24th, 2004, LV submitted to the General Administration of Intellectual Property of China that most of the pattern elements in Wang Jun's patents are world-famous symbols of LV, while LV has registered its trademark in China, and Wang Jun's patent conflicts with its prior trademark right, requesting to declare the revocation of the patent. Subsequently, China National Intellectual Property Administration established the collegiate panel of the re-examination committee (hereinafter referred to as the re-examination committee) on this patent. The patent case of Lu lasted for three years. At the end of 2006, the Reexamination Board finally ruled that the legal basis of French LV was insufficient, and the patent right of Wang Jun was maintained.
In April, 2007, French company LV Maritti sued the Patent Reexamination Board to Beijing No.1 Intermediate People's Court, requesting the court to cancel the relevant decision of the Reexamination Board, and Wang Jun will participate in the lawsuit as a third person. Seven months later, there is still no result.
165438+1On October 22nd, Wang Jun applied to Wuhan Customs for national patent filing, and seized LV's products suspected of infringement. In order to get Lu's goods back, once the infringement is determined, he must pay a100000 yuan "counter-guarantee" deposit as compensation for Wang Jun.
If no settlement can be reached, China "Lu" will emerge.
It can be confirmed that Wang Jun's registration of China's "Louis Vuitton" trademark and product appearance patent is a kind of cybersquatting. What's his purpose?
According to the peace talks plan issued by Wang Jun to Lu on June 6, 2007, Lu is willing to transfer a series of intellectual property rights owned by Lu at the price of RMB 1 yuan, but only if Lu grants him exclusive agency in Wuhan. However, it may be difficult for LV to use the direct sales model.
Wang Jun's attitude towards Lu has long been prepared. "The reason why I hold the trademark and patent right of China' Louis Vuitton' and didn't put it into production stage is because I respect LV, the top brand, but LV has been slow to express its position, which makes me feel that waiting is meaningless. If they haven't made substantive negotiations with me on the agency before Christmas, I will immediately terminate all negotiations and enter the production process after Christmas. The price of China's Louis Vuitton is only one third of that of LV products. I believe that when the boss and his employees in China are using Louis Vuitton, LV's status as the top international brand in China will not be guaranteed. "
Wang Jun also said that if LV can't authorize the agent, it's not impossible to buy back the patent right, and the transaction was made at RMB 65.438+RMB 200 million. He stressed that if the price increase is delayed, it will increase.
Wang Jun put forward two situations: ① Lu contributed 65.438+0.2 billion yuan to buy back patents; ② Lu gave him exclusive agency in Wuhan in exchange for intellectual property rights.
If you want to sell in China, LV can only "change face"
It is reported that the real fatal threat of LV trademark comes from the patent right of product appearance held by Wang Jun. It is not difficult to find from the identification materials of product appearance patent right provided by Wang Jun to reporters that there is no difference between the product appearance applied by Wang Jun and the product pattern combination sold by LV in China. In other words, LV "lost Jingzhou" in China-it didn't apply for patent protection for product pattern combination. Wang Jun said that it is reasonable and legal for LV products to use a single pattern element to enlarge as the product appearance. Once the combination of traditional pattern elements appears on their products, it infringes the appearance patent right of "Louis Vuitton" in China. He pointed out that the emergence of several mainstream LV products has infringed his rights and interests, and if LV products want to continue to be sold in the China market, then "makeover" is the only way out.