MONCLER BEAT HANCITY FEW DAYS BEFORE THE SHUT DOWN

Recently MONCLER -the Italian fashion company- won an important litigation against the Hancity shopping mall, also known as Fake Market. The judgment issued by the competent People’s Court of Shanghai is in line with previous jurisprudence related to the so called liability of landlords. In addition the decision clarifies that not only the landlords but even the market management company can be held liable for trademark infringement.

The Court has considered MONCLER’s arguments and condemned the management company to stop providing the conditions for these products to be sold in the stores of the shopping mall. When illegal practices are being held on their lands and the landlord are aware of the same and does not take any action to remedy such situation, they are recognized liable of facilitating and providing convenience and therefore trademark infringement.

At the same time in which we read the decision issued by the Court we read from journals that the Hancity Market is shutting down, but it is not yet clear the reason why the market is closing down.

Through development and promotion over the past years MONCLER trademarks have become well-known in China, enjoying widely attention and beloved of consumers. This fact can hardly be compensated just by the closure of stores.

HFG law firm represented Moncler in this case.