Seven Wolves trademark ownership case: failed to reconciliation into the second instance

"Men more than one side," seven wolves are also many faces. At 9:00 am on August 7, seven wolves and their parent company, Fujian Seven Wolves Group Co., Ltd. (hereinafter referred to as seven wolves), Fujian Longyan Tobacco Industry Co., Ltd. (hereinafter referred to as Fujian Longyan) and Shenzhen Power Enterprise Image Consultants Limited (hereinafter referred to as Shenzhen Lichuang), natural person Jane Li, the defendant and the plaintiffs were divided, around the "seven wolves" trademark copyright attribution to start with flattery. The case originated in Shenzhen Li Chong claimed to enjoy the "seven wolves" trademark copyright. Earlier, Luohu District Court found that the first seven wolves on the "seven wolves" trademark copyright, the plaintiff lost. One of the parties said that ownership of the core trademark of the case and the resulting transfer costs belonged to "the amount is not small." The long history of the case was a protracted trademark rights chain battlefield, the earliest in Fujian. December 25, 1992, Septwolves predecessor Hang Lung Clothing (Party A) and Shenzhen Li Chong (B) signed the "Jinjiang Hang Lung Garment Factory Limited Corporate Identity System (CIS) project planning contract involved", agreed to entrust Party A , Party B is responsible for planning and designing Party A's corporate image recognition system project, with a total project cost of 120,000 yuan. According to the agreement, Shenzhen Li Chong delivered the CIS manual to Hang Lung Garment on schedule. According to the insiders involved in the design, the combination of "Septwolves + SEPTWOLVES + Benwang Graphic" on the CIS manual became the corporate image mark. October 1995, Longyan, Fujian Province, Fujian Province, Jinjiang Tobacco Tobacco Company and Hang Lung three joint efforts to extend the seven wolves for the cigarette brand, the development and production of "gold seven wolves" white shell cigarettes. In 1997, after Septwolves provided the trademark, it received a transfer fee of 9.7 million yuan from Fujian Longyan. According to the relevant sources, according to "Agreement on the Septwolves Mark Transfer," except for the one-time payment of trademark transfer fees, Fujian Longyan should also pay for the sale of cigarettes, that is, for every sale of seven wolves, cigarettes to seven wolves to pay royalties. Fujian Longyan cigarette related parties did not disclose the specific payment ratio. "Copyright law for the right to entrust the creation of an attribution of the relationship is clearly defined by the parties agreed, there is no agreement or agreement is not clear, the copyright trustee." Shenzhen Li Chongjun Attorney Junzhe law firm that there is no evidence , The parties agreed copyright ownership of seven wolves, and seven wolves did not fulfill the payment obligations under the contract. If the copyright does not belong to seven wolves, then the trademark transferred to Fujian Longyan is not established. Septwolves agent believes that the trademark attribution to the Fujian Provincial High Court (Minhang No. 419 Minhang No. 419 (2008) Min Min Zongzi No. 188 final decision has made it clear that the "Septwolves" trademark copyright for seven wolves enjoyed. Interests involved September 1994, Septwolves in the "Septwolves writing + SEPTWOLVES + Benwang graphics" were combined, the Septwolves trademark has been registered in more than 30 countries and regions, according to assessment agencies estimate that in 1996 the brand value has reached 249.7 million yuan . August 6, 2004, seven wolves landing Shenzhen small plates. However, its prospectus, "Septwolves text + SEPTWOLVES + Benwang graphics" combination of the image of the enterprise logo, not included intangible assets. "It can be understood as a major shareholder of listed companies to the gratuitous use of goods." Shenzhen, a brokerage investment bank said. At this point, won the flag of seven wolves in Fujian Longyan good wind leveraging. 2005, assessed by some authority, seven wolves cigarette brand intangible assets up to 2.462 billion yuan. The report shows that seven wolves cigarettes after 10 years of development, the cumulative sales exceeded 1 million boxes, sales revenue of 4.5 billion yuan, total assets of 3.5 billion. August 10, second instance verdict was not issued. Some analysts believe that the assumption that the "seven wolves" trademark ownership of the final ownership of Shenzhen, then the first seven wolves face the first charge of Fujian Longyan 9.7 million yuan and according to the sale of the logo fee, is bound to have a greater impact on corporate performance. However, seven wolves related to this noncommittal. In the first half of this year, Fujian Longyan achieved sales revenue of 4.134 billion yuan, tax revenue of 3.194 billion yuan and profit of 714 million yuan. The benefits brought by the trademark are incalculable. The semi-annual performance of Septwolves Express shows that the first half of the total operating income of 879.7 million yuan, an increase of 4.14%, operating profit of 120.36 million yuan, an increase of 3.67%; net profit of 94.48 million yuan, an increase of 10.76%.

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