Adidas Ltd. filed a lawsuit to Yiwu People’s Court on February 24, 2014, accusing the goods with plastic award cups, etc. that Yiwu Sourcing Company declared for export contained 50 footballs whose appearance was identical with and violated its copyright work “Brazuca—2014 Brazil FIFA World Cup Official Match Ball” and marked by “Adidas” trademark. Adidas obtained the “Brazuca” copyright by assignment. The plaintiff claimed a cease on the infringement, an apology on the newspaper and 200 thousand Yuan for its economic losses as well as for its reasonable expense. After the hearing, the Court held that, except the color of the cross pattern, the accused product’s pattern on the surface was basically the same with the plaintiff’s involved copyright and the difference was so subtle that it committed the substantial similarity. The defendant’s export conduct was under the scope of Issuance regulated by the Copyright Law. The court made the judgment that Yiwu Sourcing Company must cease the infringement and make compensation on Adidas’ losses. Up to now, neither side has made an appeal.
Source: China IP News
