Yiwu People's Court, Zhejiang Province lately concluded a copyright infringement case relevant to the official football’s design of 2014 FIFA Brazil World Cup. The Court held that the defendant should stop the infringement immediately and make a compensation for the economic loss of 50,000 Yuan.

 

On Dec. 18th, 2013, a procurement Company in Yiwu delegated a Customs clearance agency to declare export some goods to the United Arab Emirates. Yiwu Customs found there were 50 footballs marked with “adidas” trademark and special designs.

 

On Feb. 24th, 2014, Adidas sued the procurement company for copyright infringement to Yiwu People’s Court, asking for lease infringement, a published apology and a compensation for the economic loss and reasonable expense of 200,000 Yuan.

 

Adidas claimed that it obtained the copyright of Brazuca, the official football of 2014 FIFA Brazil World Cup by assignment; Brazuca was published on the unveiling ceremony of the official football of 2014 FIFA Brazil World Cup in Rio de Janeiro, Brazil on Dec. 3rd, 2013; The 50 footballs of the defendant seemed the same to Brazuca, that was obviously an infringement.

 

The Court held that, there were 6 light colored crosses evenly distributed on the involved footballs, every 3 of them were encircled by a 3-color belt of orange, green and blue, and a navy triangle was on every cross of the belts; the designer showed his independent expression, which qualified the originality element of China’s Copyright Law; the involved footballs were substantial similarity to Brazuca. Based on the above facts, the defendant’s export infringed copyright. So did the judgment.
Neither of the two parties appeals by the press day.

(Source: www.cipnews.com.cn)