Men's Clothing PK Group Purchase First Case: Shan Shan With "French Cock" Report Tick Group
Shan Shan reported "tick group" infringement
The most notable symbol of Le Kark's trademark is a rooster. Japanese company Desanto holds the Asia Pacific distribution rights of the trademark. In 2004, Shanshan Group introduced the "French cock" into China through Desanto, and had the exclusive agency and trademark licensing rights in mainland China, and opened more than 100 stores in China. "However, the company has recently received complaints from consumers." Wang Ke, general manager of Ningbo Le Kark, said that since March this year, consumers have asked the company about the sale of 99 yuan Lok Kark shoes from the tick group and the Xiu Xiu network, whether they are genuine products. After inspecting the company staff and conducting internal investigations, they confirmed that the shoes were not produced by the company or commissioned to sell, and were initially identified as counterfeit products.
13 days, Kark complained to the Shenzhen Municipal Bureau of industry and commerce. On the 14 day, the Nanshan sub Bureau of the Shenzhen municipal market supervision bureau went to Shenzhen to take more than 200 pairs of shoes, which were transferred to warehouses and ladies' toilets. Kark showed a notarized tick group purchase record showing that the number of "Le Kark" shoes purchased by Xiu Xiu net has reached 1858 people. "At the unit price of 99 yuan, the illegal profit is more than 180 thousand yuan". Wang Ke therefore formally announced that this not only harmed the exclusive agency rights and interests of the company, but also violated the legitimate interests of consumers, so the company is now collecting relevant evidence to start the legal process for tick group purchase network and product provider "Xiu Xiu net".
Tick group insists that it is infringement of genuine products.
Reporters yesterday ticked at the tick net enquiry. In the end of March 15th this year, Kark's group buying project did play a low price discount, and there were 1858 group buying success. Ningbo music Kark also provided reporters with information on the sale of "French cock" products at 99 yuan in April 8th. But yesterday, reporters found that the information had been deleted by the show.
The reporter contacted the tick net yesterday. The company's responsible person, Miss Huang, told reporters positively that according to the promise of Xiu Xiu net, the sale of Le Kark was not a fake, but also a regular purchase channel. Subsequently, under Miss Huang's contact, Miss Wu, head of the public relations department of Xiu Xiu network, stressed that the channel of "Xiu Xiu" purchase is legal and the product is regular. However, when reporters asked about specific channels of purchase, they did not give a positive answer. When the reporter asked whether she had the qualification to sell Kark in China, Miss Wu said that these companies had not yet received the reply from the legal department of the company. When the reporter asked again whether he could ask the legal department of the company now, he said that there would be a detailed statement by the company.
Lawyer's statement
Walking show network may be suspected of violating criminal law
Liu Yajun, lawyer of Beijing Yitong law firm, said that the criminal law of China stipulates that producers and sellers are adulterated or adulterated in products, if they are adulterated, or if they sell products with inferior products as qualified products, and those whose sales amount is more than fifty thousand yuan or less than two hundred thousand yuan, they shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, or the amount of fifty percent or two times the amount of their sales shall be fined.
According to the group buying records of tick group, if we confirm the illegal profits of the show network sales amount Reaching 180 thousand yuan, it will be suspected of violating the criminal law. Liu Yajun said that because the network is a commodity provider, it must bear the major criminal responsibility. The tick group, as a party to release false information, if it knows that the products provided by Xiu Xiu net belong to fake and shoddy products, then tick group and Xiu Xiu net belong to a joint crime. If the tick group can provide evidence that does not know the truth, it will not have to bear criminal liability, but it should bear corresponding civil liability, that is, double compensation for consumers' losses in accordance with the relevant provisions of the consumer protection law.
Relevant
Group buying The first self-discipline norm came out.
The confusion in the group buying market has attracted the attention of the industry. Reporters were also informed yesterday that the "self purchase code of group buying" activities launched by Shuang Gang network ended, and many group buying micro-blog's "self regulatory content" was collected through the Sina group's official micro-blog. Reporters learned that the "code of soliciting opinions" was published online. This will be the first "self-discipline norm" of the group buying industry in China. It is also the only "self-discipline code" put forward by consumers. It includes 17 parts, mainly from three aspects: group buying network itself, group buying network and merchants, group buying network and users.
Recently, the Ministry of Commerce issued the "third party e-commerce transaction platform service specification" and put forward a set of transaction dispute resolution mechanism. Marketing expert Mu Feng said that the "group buying self-discipline code" proposed by consumers can better reflect the voice of consumers and should be the basic standard for group buying network to regulate its behavior.
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