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    Repeated Counterfeiting Infringement &Nbsp; Angry "Cock" Beijing Complain.

    2011/4/30 10:44:00 33

    Consumer Infringement E-Commerce


    "Fake cock" not only damages our reputation, but also more importantly, it leads to our reputation.

    Consumer

    I can't tell you what a real cock is.

    In April 22nd, Kark, a famous sports brand "French cock", held a news conference in Beijing to formally announce the sale of counterfeit Kark products on the website of the group buying website, announcing the launching of legal procedures for tick group and product provider "Xiu Xiu net".

    Because of this incident, the target is directly related to the hotter e-commerce and network in China.

    Group buying

    Involving two well-known

    Electronic Commerce

    The company has attracted wide attention from the industry.


    Questionable "genuine"


    In March of this year, there were customers asking Kark, Ningbo music company, whether the 99 yuan group buying Kark shoes were genuine. After inspecting Kark's staff and investigating them, he confirmed that the shoes were not products produced by the company.


    In April 4th, Mr. Kark, a consumer in Hangzhou, reported that he had taken part in tick group buying music, which had serious quality problems and suspected counterfeit products.


    In April 13th, the lawyer of Yue Kark complained to the relevant departments of Shenzhen.

    Music Kark said that the next morning, the Shenzhen Market Supervision Bureau Nanshan Branch went to Shenzhen walk Show Network Technology Co., Ltd., and found more than 200 pairs of such shoes pferred to the warehouse and women's toilets.


    In April 22nd, Le Kark officially announced the event in Beijing, launching the legal procedures for the sale of products, Beijing today's City Information Technology Co., Ltd. and its operation group buying website tick group, the Shenzhen Xiu Xiu Network Technology Co., Ltd. and its operation e-commerce website.


    The conference site shows how many pairs of Kark shoes and fake shoes are displayed.

    Staff told reporters that a pair of genuine music Kark shoes priced at five hundred or six hundred yuan, and exquisite workmanship, radian exquisite, tag clearly marked with name, number, texture, implementation standards, dealers and other important information products.

    All the two languages are Chinese and Japanese.

    Even the unattractive shoe boxes, Le Kark also has strict standards, and their product codes and bar codes have specific meanings.

    The 99 yuan group buying "Le Kark" shoes, rough workmanship, LOGO obviously deformed, the cost of up to twenty or thirty yuan.


    However, a telephone recording on the scene showed that the customer service staff of the company had denied that the "cock" shoes sold by its website were fake and inferior products, but originated from the "genuine products" of European suppliers.


    The website says it has nothing to do with itself.


    Kark, a popular brand of French cock, was founded in France in 1882.

    It is said that the rooster is a symbol of auspiciousness in the hearts of the French. The triangle in Kark's LOGO is a warm relationship between parents and children, while the rooster in the middle is shining like a sunrise to a family.


    After the brand was authorized by Kark, a trademark exclusive right holder of Japan's Ningbo trademark Co., Ltd., Ningbo Le Kark Clothing Co., Ltd. (hereinafter referred to as Kark Kark) obtained the exclusive agency and trademark licensing right in the mainland of China.

    Kark, Ningbo, is jointly funded by Ningbo Shanshan fashion dress brand management Co., Ltd., Ningbo Sugisugi Eiko Clothing Co., Ltd., Japan's company, ditsant and Itochu fiber Trading (China) Co., Ltd., and the investors are well-known enterprises in China and Japan.


    Shortly after the introduction of "French cock" in 2004 by Ningbo Le Kark, there were 3 "cottage" cottages on the market.

    Therefore, since 2006, Le Kark has begun his own way of safeguarding her rights, and once brought 3 companies of Shanghai golden pheasant, Xiamen Golden Rooster and Fujian mojk to court.

    Although the lawsuit finally won, Kark also spent millions of dollars on it.


    Wang Ke, general manager of Ningbo music Kark company, has no choice but to say that the fight against counterfeiting takes up a lot of energy and losses can not be estimated.

    However, if we do not spend too much effort on counterfeiting, there may be dozens of roosters in the market in a few years.


    According to the group buying records of tick group, the number of "Le Kark" travel shoes purchased by Xiu Xiu net has reached 1858.

    Kark, an attorney in Beijing, and Yang Kai, a lawyer at Liu Shen law firm in Shanghai, believe that the sales amount of illegal profits is more than 180 thousand yuan at the unit price of 99 yuan, which has violated the relevant laws and regulations of China's trademark law and product quality law.


    In response to the incident, the tick group responded in April 24th that the "French cock" shoes previously purchased by the tick group were provided by the B2C e-commerce platform Xiu Xiu net, which has already provided the relevant overseas authorized documents of the product, ensuring that the group buying products are all genuine brands.

    Tick has made strict checks on the qualification of the group purchase, the authorization documents of the group purchase products, and has kept all the supporting documents.


    However, Yang Kai believes that even if the company has the relevant authorization from overseas enterprises, it does not mean that the "French cock" product sold in mainland China is legitimate.

    Because in the mainland of China, the company's exclusive right to use this brand of shoes and graphics is exclusive.


    Wang Ke said the tick group buying shoe incident is just one case, and there are quite a number of similar cases happening every day.

    Kark's rights protection is not only safeguarding the legitimate rights and interests of internationally famous sports brands, but also safeguarding the interests of consumers.

    Wang can appeal that online shopping companies must abide by the law and operate well, so as to realize the win-win situation of online sales platform, famous product brands and consumers.


    Lack of rules for disputes


    In recent years, online group buying has become popular as a new consumption mode, and online shopping suffers from consumer disputes, such as goods being wrong, counterfeiting, and providing services.


    According to incomplete statistics, at present, there are thousands of group buying websites in China, and there are ten new websites added to the war every month.


    "The cost of building a group purchase website is about 5000 yuan."

    According to the insiders of group buying website, the threshold of group buying website is not high, and the profit pattern is clear at a glance, so there is a steady stream of followers.

    As there is no certification by any authority and no approval from the relevant departments, complaints from some websites are increasing day by day.


    Yang Kai said that infringing enterprises, in the form of popular online group buying, get consumers' trust by means of low price attraction, embezzlement of copyright advertisements, and the creation of a hot sales atmosphere, so as to implement the sale of fake and shoddy products.


    How to regulate the behavior of e-commerce pactions and safeguard the legitimate rights and interests of consumers? This group buying dispute has fallen into a war of words, but also highlights the lack of legal issues in this field.


    Some Internet buyers believe that because our country has not formulated the special electronic commerce law for e-commerce to regulate and regulate the e-commerce industry, the lack of echo, coordination and stability in the regulations scattered among the competent departments is becoming a big shackle for the development of electronic business enterprises.


    "Even though the current laws and regulations in the field of e-commerce are not perfect, it does not affect the judgment of the infringement on the facts."

    Yang Kai said, "we have great confidence in the rights protection."


    The head of the Japanese company, said that the good brands will be recognized by consumers and that China's intellectual property protection environment will become better and better.

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