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A Lingerie &Nbsp; Two Big Brands &Nbsp; 33 Thousand Compensation &Nbsp; Who Will Bury The Big Name "Crash Shirt" List?

2010/11/29 9:12:00 103

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For one thing

Underwear

Check evidence of both parties at court

If you are a online shopping person, then you will receive a March March mail order catalog to see a delicate bra product, which is the focus of today's two major brands.

This bra product that appeared on Mcglaughlin's mailing list and B2C website is exactly the same as the dream bazaar's exquisite cup bra.

Therefore, as underwear E-commerce

brand

Bazaar, a rising star, will

Women's wear

The electronic commerce ace Mcglaughlin company went to court.

The dream bazaar side thinks, Mcglaughlin not only has the photo infringement, but also has the physical infringement, the product which is infringed by Mcglaughlin is the main product of the dream bazaar, only the advertisement expense one dream spends 15 million yuan, and after that, because the price of the same product of Mcglaughlin is lower than the dream bazaar, causes the dream bazaar to assume certain return loss.

Therefore, dream Bazar took Mcglaughlin to court and demanded compensation of 2 million yuan.

In the court, Mcglaughlin admitted the fact of infringement, but Mcglaughlin did not agree with the 2 million yuan huge claim for the dream bazaar claim, claiming that within 100 thousand yuan could be considered.

Recently, Mcglaughlin, who has just completed the IPO in the US Nasdaq, has received a decision. The electronic business enterprise, bazaar, sued Mcglaughlin for infringement cases. The first instance found Mcglaughlin's infringement and decided to compensate for the 33 thousand yuan.

Dream bazaar believes that the amount of compensation is too low, and has lodged a complaint in Shanghai.

The response from Mcglaughlin was that the incident was caused by the improper use of the other party's picture by the employee, and it was indeed inappropriate. He also apologized to the source of the picture.

Mcglaughlin has already dealt with the relevant employees.

But Mcglaughlin said there is absolutely no infringement on the design of plagiarism, and the style of the product is not exclusive to bazaar.

Mcglaughlin said that the incident really broke the oversight of company management.

Although the corresponding system has been set up to manage pictures, after all, the last operator is still working. If any human factors lead to improper use of pictures, it will bring adverse effects to the company.

There are so many staff in the wheat net that it is really difficult to control it completely.

Dream bazaar is a new retail enterprise which started from mail order and developed to e-commerce. Its development way is different from Mcglaughlin's.

As a rising star, bazaar, like Mcglaughlin, adopts the most popular B2C business mode at present. Through the huge network directly facing the consumer's channel mode, the demand for products is very high. From the design concept to the quality to the product cost performance, the purchase concept of the high-end audience group requires that products must be innovative.

At this point, once the product is identical, the reference party and the referenced party will have varying degrees of loss. Who will bury the loss? {page_break}

The long-standing big brand "crash shirt"

The phenomenon of big brand "bump shirt" is not uncommon. This is not only a product of the same, but also includes trademarks, logo, channels, marketing and other aspects of the similarity.

The clothing trademark is the symbol of the clothing enterprise, it represents the clothing enterprise's prestige, the product quality and the market share and so on.

The emergence of brand names is the result of garment manufacturers insisting on their own quality supervision and brand maintenance for a long time. Generally speaking, consumers are willing to buy clothes with good quality and high brand awareness.

If the trademark rights of clothing enterprises are infringed, it will not only reduce the credibility of the clothing enterprises in the minds of consumers, but also give some enterprises an opportunity to drill legal loopholes. For example, the "D&D" trademark will easily confuse ordinary consumers with the well-known brand "D&G"; Italy's "woodpecker" brand clothing is counterfeited by many small clothing manufacturers, and these clothing labels are linked with a bird like logo.

The most complicated argument is the "Black Crocodile" brand blackmail incident which happened in August this year. This event not only has the basic characteristics of trademark imitation, but also makes people indignant that some people use the Internet to extend their black hands to "genuine crocodile".

With the increasing appeal of "crocodile" brand, many counterfeit products have started the idea of crocodiles. The real crocodile brands are crocodiles in Hongkong, Italy and Singapore, and the "crocodile real body" counterfeiting behavior has attracted revenge. The "crocodile" has been bitten by tens of thousands of dollars and can be healed. The rebuilding time of consumers' confidence may be longer than that of a brand.

In addition to brand names and brand names, the similarity of products is the most taboo in the clothing industry, because products are directly oriented towards the end consumers, and are the most powerful weapon for a brand to establish market influence. Product brand building and image building depend on the product's uniqueness.

At the same time, the similarity of products is also the most difficult to avoid. Design factors are varied, and it is inevitable that the same elements will appear in the product.

In the case of the dream bazaar suing Mcglaughlin, the main sticking point is that the products of the two enterprises almost reached the same level. Although Mcglaughlin has apologized to the source of the picture, it also stated that there is absolutely no infringement on the design of the other party, and the style of the product is not exclusive to the dream bazaar.

Whether the bra of dream bazaar is a unique product, how to maintain its effective and effective maintenance of its products is the primary issue that businesses need to consider after the Internet is developing and e-commerce is gradually entering people's daily life.

{page_break}

Calling for the age of original design

A bra reveals the problems exposed in the rapid development of China's garment industry.

Clothing, a simple function of cold resistance, has become an indispensable necessities for people's daily life. The benign development of garment industry is an important driving force to promote the steady development of the market economy.

According to the relevant laws and regulations of our country, clothing enterprises can protect their brands from infringement:

First, timely registration of trademarks and renewal of trademarks.

According to the Trademark Law of China, the protection period of registered trademarks is 10 years, and it can be renewed after 10 years. Therefore, clothing enterprises should renew their trademarks in time, so as to avoid unnecessary legal disputes.

Secondly, in order to prevent the occurrence of similar counterfeit registered trademarks, clothing enterprises should register comprehensively according to the characteristics of their brand names.

On the one hand, all the similar patterns or misunderstandable patterns and characters are registered. For example, the red bean shirt will register the similar or misunderstood words such as "Rainbow bean" and "lovesickness". On the other hand, we should expand the application field of registered trademarks, such as Red Dragonfly shoes, in addition to the registration of footwear, and expand registration in clothing, bedding, household appliances and other products.

Thirdly, when the products of counterfeit or counterfeit trademarks are sold on the market, garment enterprises should collect evidence in time, such as infringing products, the locations of infringing products, the number of infringing products and so on.

After obtaining sufficient evidence, the enterprise is contacted with the administrative department for Industry and Commerce on the one hand to check the counterfeit products; meanwhile, it brings a lawsuit to the court and obtains the compensation for infringement damages and rights protection expenses through the court hearing.

At the same time, some experts pointed out that e-commerce is one of the most promising sales patterns at present. But it is precisely because the demand growth is too fast that it will inevitably lead to infringement or management irregularities. In the future, when the e-commerce market is more mature, relevant laws are needed to regulate the operation of such enterprises.

Therefore, it is also necessary for clothing enterprises to enhance their self-discipline and put more effort into the research and development of products, and produce products with originality and difference to truly occupy the market.

2010 is the last year of the 11th Five-Year plan. It is a key year for the Chinese economy to continue the trend of recovery, and also the year for the 12th Five-Year plan.

The future "12th Five-Year" will be a critical period for China's manufacturing to achieve industrial pformation and upgrading. China's garment enterprises need to take precautions and formulate scientific development strategies and implementation plans for the next five years, from "made in China" to "created in China". The march from "clothing power" to "clothing power" is a macro concept to guide the future development of garment enterprises. Specifically, within apparel enterprises, investment in product development should be strengthened, plagiarism, collision, duplication, and infringement have seriously hampered the creation of clothing brands.

Looking at the history of clothing development in recent 30 years, consumer demand is the market vane to guide the development of garment enterprises. With the change of consumption consciousness, clothing with unique design concept is the hot market. In the future development path of garment enterprises, it is an effective way to eradicate product plagiarism disputes by paying attention to the development of independent design products, from the small design of clothing details to the original design of clothing concept.

comment

How can we cultivate the brand to kill the poison and quench thirst?

Many people see that the lawsuit of these two famous brands will be equated with "hype" subconsciously. We can make a detailed analysis. Under the current circumstances, the state and local governments have fully affirmed and supported the independent innovation strategy of the garment enterprises, but dream Bazar is really angry, this time is not speculation.

On the one hand, the enthusiasm of the independent innovation research and design of garment enterprises has been seriously dampened. The spokesperson of the dream bazaar once asked helplessly: "why do we need to innovate if we can't get protection?" on the other hand, what kind of sound mechanism should be used in the form of new e-business, in order to protect the interests of enterprises, and to provide a fair and reasonable platform for competition, so as to promote the continuous progress of enterprises in the market competition, and at the same time, we also use the test of the market to carry out the survival of the fittest.

These problems are in the vacuum stage of e-commerce related laws and regulations in this country. There is no standard answer yet.

Mcglaughlin thinks that it is just a "careless" picture of a dream bazaar. It may also be a consequence of the "save trouble" of the employees. The consumer of e-commerce is facing the appearance of the product first. The texture and the fabric are all behaviors after purchase. So the key to deciding the consumer's choice is the appearance of the product. The picture here represents not only the external style of the product, but also the design concept that the product can provide for the maximum extent of the consumer.

Our country is moving from manufacturing power to manufacturing power. The cultivation of brand is particularly important. Brand concept can be regarded as the soul of a clothing enterprise. It is the essence of enterprises. Seemingly careless behavior may save time, but it is just like drinking poison to quench thirst. It not only shaken the market position of two big B2C companies, but also caused psychological harm to consumers.

At the same time, when we call for the introduction of laws and regulations, we must strengthen self-discipline in order to establish a fair and sunny competition environment.