The Camel Dress Is Accused Of Counterfeit Foreign Brands, Domestic Trademarks, And The Use Of American Companies.

Screenshots of notarial documents

The big picture is the product package, and the small picture is the logo on the camel's shoes.

After registering a camel trademark in the country, it is permitted to use the American Camel International Investment Limited, and then use the American company to license the trademark to several garment enterprises in the country.

"So it has" American flavor ".

If you look at the introduction of the official website of camel International Investment Limited, many people will connect it with the old American enterprise that produces camel cigarettes.

In fact, they are unrelated. The former is suspected of being a shell company.

After buying camel men's shoes at the Yansha outlets store, consumers were found to be deceived.

Although the man had lost the evidence due to insufficient evidence, the camel costume was surfaced on the reporter's investigation.

Court proceedings

Imported camels were originally made in China.

Xiao Xu, a migrant worker in Fujian, encountered a "Camel" storm.

In June 2011, Xiao Xu planned to buy a high-grade and practical gift for his father.

To this end, she specially went to the shopping center of Yansha outlets in Chaoyang East Fourth Ring Road. She heard from friends that all the products sold here were "international famous brands".

Go around, she chose a black leather shoes in the "CAMEL (camel)" counter on the first floor of block B of Yansha ole shopping center.

The salesperson pointed to the "AMERICAN" bronze medal on her shoes and said to her, "this is a camel brand from the United States".

"I saw the words" camel International Investment Co., Ltd. "also marked on the outer package.

Xiao Xu said that although the shoes had gone over 500 yuan, they had taken up 1/4 of their wages, but she bought them and sent them to her father.

Last August, at a friend's party, Xiao Xu chatted about the purchase of shoes and was immediately laughed at by his friends.

Xiao Xu took a look at the Internet and found that "Camel" dress is indeed a Chinese brand, and the registered person is Wan Jingang, a Wuhan man.

Xiao Xu was very depressed. "I was very upset at that time. I felt sorry for my father, and boasted that he had bought an imported high-grade product for him."

Sue the mall for double compensation.

Xiao Xu's friend, the lawyer of Beijing collection law company, decided to help her protect her rights.

Since Xiao Xu sent his shoes to his father, his father did not leave any evidence such as signs, invoices, and so on.

In order to gather evidence, Xiao Xu decided to buy another pair of shoes.

According to the relevant provisions of the consumer protection law, if the shopping malls constitute consumer fraud, the court will be sentenced to double compensation.

Xiao Xu can ask for money back from the shoe purchase by litigation.

She found the Beijing CITIC notary office, requesting notaries to preserve evidence for her entire purchase process.

In November 2011, Xiao Xu went to "Yansha ole" and bought a pair of camel men's shoes of 480 yuan.

This small notice only noticed that the manufacturer marked on the shoe packaging box was "Guangdong Foshan camel dress Co., Ltd.".

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Like last time, the salesperson still introduced it as "American goods", but there was no "us" in the shopping invoice.

Explaining to the salesperson, "this is because the computer program can not be played".

Soon after buying shoes, Xiao Xu took the "Yansha ole" to court and asked the store to compensate itself twice according to the provisions of the consumer law.

The defendant responded to the bronze medal only for decoration.

In court, "Yansha ole" argued that Xiao knew that "CAMEL" shoes were domestic brands and deliberately purchased for second times. Their behavior should not be protected by the consumer protection law.

"Yansha ole" said that the "Camel" trademark has a legitimate authorization, marking the "camel International Investment Limited (trademark licensor)" is not improper, not false propaganda; commodity packaging has been marked "made in China", not from the United States.

The "AMERICAN" is not very strict, but it is not enough to constitute fraud. The bronze medal in the word "AMERICAN" only plays an ornamental role.

After trial, Chaoyang Court held that Xiao Xu had gone to the notary office to preserve evidence before buying the goods involved (i.e. the second purchase of shoes).

In the meantime, she has explained to the notary office that camel is a domestic brand.

At the same time, she also clearly marked the origin of the goods on her box. Xiao Xu failed to submit evidence to prove that there was a false propaganda and fraud in the shopping malls. Therefore, the court's false propaganda and fraud lawsuit advocated by the court did not support it.

In view of the fact that the mall agreed to return the shoes and return the payment, in May 21, 2012, the court of first instance of the Chaoyang Court agreed to return the shoes with little permission, and "Yansha ole" returned 480 yuan to buy shoes.

Xiao Xu refused to appeal.

In July 17th, the final judgment of the second middle court rejected the appeal and upheld the original judgment.

Domestic trademark licensing US companies use

Reporters found on the website of the State Trademark Bureau that the trademark of the camel men's shoes purchased by Xiao Xu was registered in 1993.

Reporters noted that "Yansha ole" sale of "CAMEL" licensing qualification clearly stated: trademark licensing "American Camel International Investment Co., Ltd.".

It has been reported that Wan Jin Gang has been licensed to camel International Investment Limited after registering a camel logo in China.

Since then, the American company has allowed many companies in the country to use "Camel" trademarks to sell "Camel" clothes.

In fact, these domestic companies are under the banner of Wan Jingang.

A camel operator, who was engaged in the clothing brand planning, told reporters that camel operators were "allowed to use", and then "allow others to use".

Trademark licensor is a shell company.

On the website of "American Camel International Investment Co., Ltd.", the company claims to be "founded in 1913, and is headquartered in the famous American city of New York. There are more than 18000 stores in the world, with annual sales of over 3 billion dollars."

These words make it easy for people to associate it with the American Camel enterprises producing camel cigarettes.

But a reporter survey found that the real American Camel, known as "American Camel International Investment Limited", was founded in 1913 and is located in New York.

The introduction of the "American Camel International Investment Limited" brand has plagiarized the contents of the real US camel website.

But after reading the website of American Camel International Investment Limited, reporters found that there were many contradictions in it.

"Brand introduction" is called "company founded in 1913", while "business qualification" shows: "the company was founded in 2006".

"Brand history" reads "headquarters in New York" and "business qualification" in the company "located at 445 Figueroa street, Losangeles, USA".

Reporters noted that the site's "contact" only e-mail, no phone.

Reporters learned from friends in the United States that the address is located in an unfamous commercial building, and there are 17 merchants in the commercial building.

The reporter inquired that the American company was registered as Wang Huilan.

In the survey, the reporter learned that Wan Jinggang had acted as a principal agent of Wang Huilan.

The registration address of the two party is very close.

Ms. Li, who has experience in overseas companies, believes that the trademark licensor "American Camel International Investment Co., Ltd." should be a shell company. "There are only names and places of registration. Generally speaking, Chinese citizens can spend hundreds of yuan in 10 days."

Camel veterans are reluctant to interview.

In the eyes of consumers, what is the status of camel brands based on leisure and outdoor clothing? Reporters interviewed more than 20 middle-aged and young people on the streets of Fangzhuang, and 7 of them considered "American brands".

Reporters in the Dongcheng Pu Huang Yu camel (China) store, the store salesman said that camels, like "ADI", are all American brands.

The reporter called the "Camel" headquarters in Guangzhou, and the staff said that Wan Jingang was very busy and unwilling to be interviewed.

The staff said they would convey the intent of the interview to Wan Tong, but there was no news after that.

Claiming to be "American Camel" suspected of false propaganda

Zhao Zhanling, a researcher at the intellectual property center of China University of Political Science and Law, thinks that marking "AMERICAN" on domestic products has the ingredients of false propaganda. The label "camel International Investment Co., Ltd." is labeled on the outer package, which makes it easy for consumers to mistake the brand as the American brand of "Camel" cigarettes.

He said, "camel shoes" propaganda with "American Camel" is a kind of false propaganda.

Because camel trademark holder is Chinese citizen, camel International Investment Limited is licensed only by trademark.

"Trademark licensing is different from trademark pfer, which can not change the true identity of camels."

Zhao Zhanling said.

Intentional concealment of trademark holder's alleged fraud

Jing can say that it takes about ten years for an enterprise to accumulate popularity, and the camel operator has taken a shortcut.

"Because the domestic consumers generally recognized the foreign brand, Wan Jin just registered the empty shell company in the United States, let everyone mistake the camel as the American brand, and deceived the consumer on the source of the product.

It is equivalent to wearing a foreign jacket for a domestic brand. "

Jing can say.

Liu Junhai, a law professor, doctoral supervisor and vice president of the China Consumer Association, Renmin University of China believes that if camel clothing is described as "American Camel", there is a premise that the trademark registration and trademark licensing information should be described in a complete way.

"If the operator intentionally conceals the true holder and user of the registered trademark, he will be suspected of fraud."

Liu Junhai said.