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    Fan Ke Cheng Products Suspected Of Plagiarism Products Off The Shelf &Nbsp; Difficult To Avoid Complaints From The US Side

    2010/6/23 11:39:00 77

     



    Van customer service website



     

    Shitr.woo! Website




     


    The above gray T-shirt is the masterpiece of Threadless's famous designer Flying Mouse. The green T-shirt is the T-shirt (TechWeb map) {page_break} displayed on the website of all guests.


    Unable to withstand the pressure of netizens' revelations, the FlyingMouse shirt, which is suspected of plagiarism, has been removed from the website. It has not found a T-shirt on the website that has been revealed by netizens and suspected of copying the design of the famous American designer FlyingMouse and the American T-shirt website.

    It is reported that this kind of T-shirt is exactly the same as that of FlyingMouse in terms of style, color and pattern.


    The daily economic news reporter telephoned VVC's four venture investors, Qiming venture capital, IDG, LIAN strategy source, Softbank Saifu, and chose to avoid facing the fact that the enterprises they invested were suspected of plagiarism. Instead of being interviewed on the grounds of sensitive questions, they did not respond to reporters after sending the mail.


    The company undertakes economic losses.


    Netizens revealed that the product was suspected of plagiarism. "Daily economic news" reporter then visited the website of van sincere, but found that the product had disappeared, and Li Jianxiong, a media manager of Vanke, said it was not convenient to talk about this topic during the interview with reporters. He also said that the T-shirt had not been sold in Van customer's products.


    Hu Jiongming, a lawyer from Shanghai public source law firm, said in an interview that this event involves the protection of intellectual property rights, and the prosecution of the United States involves two aspects of procedures and entities.


    The so-called procedure, Hu lawyer, said: "we must fix the evidence, Download notarization, and verify that the relevant traces must be found through the state organs, through connectors and websites. There is no question of not finding a way to prosecute. It is enough to prove that the sale of this T-shirt is indeed true."

    In addition, lawyer Hu also suggested that since the protection of intellectual property rights is regional, if the design of the T-shirt is not protected as a trademark in the United States, then everyone can use it.

    That is to say, although the T-shirt has not been sold, there is still a hidden worry about whether or not it has suffered complaints from the US website.


    Huang Biao also suggested that the US company had done some forensic work before, and had already done some notarial preservation on the web page, and could claim compensation for damages within one year of the infringement.

    "For the protection of such products and tort compensation, China's copyright law and China's accession to the agreement on trade related aspects of intellectual property rights," the Paris Convention on the protection of industrial property rights "and other provisions have clear provisions.

    As far as the relevant reports are concerned, the design of this kind of clothing is likely to constitute infringement.

    If a foreign company wishes to pursue its legal responsibilities, it has legal basis, and it can be requested to stop infringement, eliminate the impact, apologize and compensate for the losses.


    Moral obligation of shareholders


    As for the sealing behavior of the four largest shareholders of van cask, Huang Biao said: "the company is definitely operated by an independent company, and the investor is a shareholder of the company.

    The company is a limited liability company, the shareholders' liabilities and compensation are limited liability, only the amount of investment is limited.

    The company where the company is located is responsible for its status as an independent legal entity, and shareholders are not liable for compensation.

    Even if the US website claims compensation at this time, it is not necessary for the investor to serve as a shareholder.


    From the perspective of consumers, it was thought that the exclusive works of designer van Khok pin were purchased, but it was believed that the cottage products from the US website were indeed suspected of being deceived.

    But now that it is not a listed company, and its shareholders only need to invest in the company, the netizens are only sighing for the so-called "tort claims".

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