OEM Products Are For Export Only And Do Not Constitute Trademark Infringement.

The 3500 China

In December 2, 2009, a company in Wuxi signed a processing contract with South Korea's aive company. A number of women's jeans were processed by a company in Wuxi. The number of women's jeans was 3500 yuan, and the unit price was 11.3 dollars. The clothing brand is the crocodile card authorized by Singapore crocodile International agency private limited.

In January 29, 2010, a company in Wuxi declared its exports after processing. In the process of customs declaration, Shanghai Customs issued a notice of detention of suspected infringing goods, which informed the above goods that they were suspected of infringing the "CROCODILE" of Hongkong crocodile company.

After the trial, the court held that the behavior of a company in Wuxi belonged to the authorized processing of foreign companies. The trademark involved in the processing clothing came from legal authorization, and there was no subjective intention and fault of tort. The company's processing behavior did not cause confusion in the market, nor did it cause influence and loss to the Hongkong crocodile shirt company.

Accordingly, the court made the decision.

Ni Hongxia, chief judge of the case, said that the most basic function of trademarks is to show the source of products or services, so as to avoid confusion among the relevant public.

The OEM products are entirely used for export, and the relevant public in China will not be confused at all. Therefore, the sale of OEM products abroad will not affect the interests of the domestic trademark owners.