Nikemercurialvict

On appeal, CIDESPORT companies to: First of all, not according to the Shenzhen Intermediate People's Court, "Civil Law" on the general principles of tort liability to determine whether the fault of trademark infringement; also not in accordance "with the Trade-Related Intellectual Property Rights" (TRIPs Agreement) requirements to determine whether no-fault principle constitutes trademark infringement, for an error of law.

Second, the Shenzhen Intermediate People's Court is not in accordance with the "Trademark Law", "Supreme Court to hear civil disputes in trademark case law applicable to a number of issues of interpretation", "TRIPs Agreement" standard to determine the statutory compensation, in the verdict to determine the amount of statutory compensation extremely high.

However, due to various reasons, CIDESPORT company did not appeal within the prescribed time to pay court costs, so the Guangdong Provincial Higher People's Court ruled that CIDESPORT automatic withdrawal of the company, the Shenzhen Intermediate People's Court decision ruled that since the date of delivery. Given the court's final ruling Zhejiang Import and Export Corporation constitutes a trademark infringement, so the customs under the "Regulations on Customs Protection of Intellectual Property Rights," Article 23, confiscation involved marked with "NIKE" trademark ski jacket.