Gucci says these notebooks definitely lacking style

The Italian-based Guccio Gucci S.P.A, one of the world's leading producers of luxury goods, is seeking 500,000-yuan (US$68,776) compensation from a local stationery maker, accusing the maker of using the Gucci trademark in its notebooks.

The Hongkou District outlet of Century Lianhua Supermarket is also named as a defendant for selling the offending notebooks.

The Shanghai No. 2 Intermediate People's Court heard the case yesterday but did not deliver a verdict.

Gucci said it received approval to register the GG pattern trademark in China in October 2006 and its Gucci trademark is now under the state protection. It has used the trademark pattern on stationery, including notebooks, and promoted the trademark since it was registered. The trademark is widely recognized.

In August 2007, the plaintiff found notebooks bearing the GG pattern being sold in the Century Lianhua Supermarket Hongkou outlet.

"The pattern is exactly the same as our trademark," said Liu Ge, Gucci's lawyer.

On the back of the notebooks there was a label that read Mailun Stationery and a telephone number. The plaintiff found the notebooks were being produced by the Shanghai Mailun Office Equipment Co Ltd.

"Ordinary consumers would not notice the small label on the back cover. They will be attracted by the GG pattern which will lead them to believe they are buying Gucci products," Liu said.

He said Mailun's notebooks would have caused serious financial loss to Gucci as Mailun said it had established more than 1,800 franchise stores nationwide and its products were exported to Southeast Asia, Europe, Russia and the United States.

Mailun argued that the GG pattern trademark could not be as famous as Gucci claimed because it had been registered in China for less than a year when Gucci raised oppositions.

Mailun said it bought the covers from a Wenzhou City company.

"We just thought the pattern was good looking as a decoration and didn't have any intention of trademark violation," said Chen Song, Mailun's lawyer. "We have said who the producer was on the back cover."

Chen raised doubts about the amount of compensation claimed, saying that Gucci complained about the notebooks soon after the products were sold in the supermarket. Gucci would not have lost much.

The supermarket said it had checked the goods before putting them on the shelf. Because the GG pattern was not well known, it did not think the notebooks copied Gucci's trademark.