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Your present position: Home > News Center > Brand News > Patent infringement sued in China, sports brand Skechi chooses to delay litigation

Sports brand Skechi chooses to delay litigation in China

中国鞋网 http://kejietieyiweilan.com/ 2019-12-11 08:08:05 Source: China Intellectual Property News China Shoes Network http://kejietieyiweilan.com/

[ China Shoes Net - Shoes and Clothing Information] The patent dispute with Nike, also a US company, has not ended, and sports shoe brand Skechers has been brought to court in China for alleged patent infringement.

Recently, four companies (Skiqi China) including Skiqi Trading (Shanghai) Co., Ltd. and Skiqi Commercial Co., Ltd. in Guangzhou, China, infringed their patents for invention. The Taiwanese manufacturer Guan Dehong Technology Co., Ltd. (hereinafter referred to as Guan Dehong) has filed a lawsuit in Jinan Intermediate People's Court of Shandong Province (hereinafter referred to as Jinan Intermediate Court), and the Jinan Intermediate Court has accepted the case.

It is reported that the patent involved in this case is "Jacquard structure with layered luminous effect and its manufacturing method" (patent number: ZL200 61008 6745.X). After searching using the patent search system of the State Intellectual Property Office, the editor found that the application date of the patent in question was June 20, 2006, and the date of authorization was July 8, 2009. The maintenance period of the patent in question has reached 10 years. .

Immediately after, Skecher China submitted a request to the State Intellectual Property Office for the invalidation of the patent involved. The Jinan Intermediate People's Court found that the effectiveness of the patent right for the invention involved was in an unstable state. The trial of the case must be based on the results of the invalidation request of the State Intellectual Property Office, and the lawsuit was suspended before the decision was made. Some people in the legal profession believe that Skechi China's approach to file a patent invalidation request is a "delay lawsuit" strategy and the trial time in this case will be prolonged. The relevant person in charge of Skechers China said that the infringement should be determined by the court.

The plaintiff, Guan Dehong, was established in 2005 and belongs to Dongyuan Group. It is mainly engaged in the research and development, weaving, application development and sales of optical fiber fabrics. The defendant Skechers was established in the United States in 1992. Skechers in California slang means "unsettled young people". The brand is targeted at young people who pursue individuality. Its development has been the US market to this day. The second largest footwear brand after Nike. After entering the Chinese market, Skecher China has entered a state of rapid growth since 2014. At present, China's revenue is close to half of Skecher's global revenue. Data show that in 2018, Skeich's global sales totaled 4.64 billion US dollars (about 32.74 billion yuan), of which sales in mainland China reached 14.1 billion yuan.

The case described in this article is not the first time Skeech has been involved in a patent dispute. In fact, in recent years, Skechi has been in continuous patent lawsuits with internationally renowned sports brands Nike and Adidas .

In 2014, Converse (acquired by Nike in 2003) claimed that SKECHERS had been infringed on its own midsole design patent. This case has gone through multiple retrials. In the third ruling, the United States International Trade Commission believed that the Twinkle Toes and BOBS series of Skechers shoes, or the midsole design of any brand of the brand did not infringe the patent of Converse Chuck Taylor shoes.

In September 2015, Adidas sued Skecher in the Oregon District Court, claiming that one of Skecher's shoes, Onix, was suspected of plagiarizing the icon of its sports classic series "Stan Smith", and in February 2016 The first trial was won; the second trial opened in the U.S. Court of Appeals for the Ninth Circuit in May 2017, and the original sentence was finally upheld.

In January 2016, Nike sued Skecher to the Oregon Federal District Court again, claiming that the design of the new Burst and other products launched by Skecher is very similar to the design of Nike ’s Flyknit series of shoes, and allegedly violated 8 of Nike. Design patent. Nike demanded that Skechers stop selling infringing products and pay compensation. SKECHERS then filed a request for review with the US Patent Examination and Appeal Board (PTAB), but was rejected.

In July 2016, Adidas sued Mega Blade, a children's shoe of Skechers, for infringing two US patents involving blade-type cushioning structures. Adidas claims that the Springblade blade design is a three-year-old design and asked the court to issue a preventive injunction. In May 2019, the US Patent Examination and Appeal Board ruled that two patents remained in effect. The case is still under further trial.

On September 30, 2019, Nike filed a complaint with the Federal District Court for the Central District of California in the United States and filed a design patent infringement lawsuit against Skecher. A total of 12 design patents were involved, all of which are Nike Air Max. 270 and VaporMax related designs.

Behind such intensive patent lawsuits is the fact that SKECHERS is expanding rapidly worldwide. In 2018, SKECHERS 'annual revenue reached US $ 4.64 billion and operating profit reached US $ 83.7 million, a year-on-year increase of 50.4%. Although the total revenue is still far from competing with tens of billions of dollars of Nike and Adidas, Skecher's growth rate is impressive. In North America and even overseas markets, the two giant companies are not to be underestimated.

China Shoes Network advocates respecting and protecting intellectual property rights. If you find any copyright issues in this article, please contact us as soon as possible, thank you! Companies are also welcome to submit contributions, please email to 403138580@qq.com
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