Clothing Providers Must Know Common Sense: Clothes Are Genuine Products, And Illegal Practices Are Not Allowed.

< p > last December, the business department seized a large number of OEM "a" target= "_blank" href= "http://www.91se91.com/" > clothing < /a > at the Zara counter of a shopping mall in Nanjing. Mr. Chang, an operator and his assistant, admitted that the Zara brand was installed on the scissors clothing without the permission of Zara company. Although Chang and song argue that the clothes they sell are from the same factory from the same factory, they are not fake products, but in accordance with the law, whether the clothes are genuine or not, they are infringing acts without the permission of the trademark owner. In the end, Chang and song were sentenced to probation by the court for counterfeiting registered trademarks and were fined. < /p >
< p > < strong > small workshop custom made 10 thousand sets < a > Zara < /a > trademark > /strong > /p >
< p > Chang is a Shanghai native and has been doing many years of clothing business. Last year, he bought a batch of Zara scissors clothing at a low price, which is said to have come out of the Zara foundry factory, exactly the same as genuine products. In order to sell the price of genuine products, song, a regular assistant, ordered 10 thousand sets of Zara trademarks to a workshop in Shanghai, and hired workers to install them on scissors. Then he rented counters at a shopping mall in Nanjing and shipped the OEM Zara garments to Nanjing for sale. When the industry and Commerce Department received the report, 2037 pieces were sold and 28 million yuan was left, and 5837 stocks were left, valued at more than 117 yuan. After being certified by Zara, these garments are all "OEM" and the OEM is not authorized by the company. The business sector believes that the case is huge, and that the behavior of Chang and song may be suspected of counterfeiting a registered trademark and then transferred to the public security department. < /p >
< p > < strong > even if < a target= "_blank" href= "http://www.91se91.com/" > clothing < /a > is genuine, unauthorized OEM is also illegal.
< p > May this year, Chang Mou and Song Mou were prosecuted. In the trial, two people admitted that they had processed the OEM without the permission of the Zara company, but argued that the clothing and the authentic products they sold were from the same factory. In fact, they were genuine products, so they did not constitute the crime of counterfeiting registered trademarks. According to the materials provided by the lawyer, the case handling agency also did not consider that the OEM garments sold by regular sales were fake and inferior products. In this regard, the basalt court held that the object of the crime of counterfeiting a registered trademark is the exclusive right of the trademark owner, which has nothing to do with the authenticity of the goods. Even if the clothing is genuine, Chang and song are not licensed by the trademark owner, and the circumstances are particularly serious, which constitute a crime of counterfeiting registered trademarks. < /p >
In the end, Chang was sentenced to three years' probation for four years and a fine of 150 thousand yuan. Song was sentenced to a term of six months, a probation of two years and a fine of RMB 50 thousand yuan. P < /p >
< p > < strong > > extended reading < /strong > /p >
Is "P" > strong > "OEM" likely to be genuine? Why do brand businesses hate "OEM"? < /strong > /p >
< p > why is there a large number of "original cutting" genuine products on the market, consumers are scrambled for it, but the brand owners are "zero" to tolerate the "OEM" and pay the high cost of safeguarding their rights? In the clothing industry, many brands have to sell small factories instead of factories to reduce costs. This is called "foundry". However, brands and trademarks must be firmly grasped in their own hands. Without authorization, they must not be OEM. This is because brand premium and brand added value often bring higher profits than goods themselves. So you see why brand associations are so disgusted with unauthorized OEM. You may think this is unfair, but this is the right of the law to the owner of the trademark. < /p >
< p > "no standard quality" and "scissors" are possible, but not many. It is understood that manufacturers in order to prevent defects caused by quality problems caused by the shortage, production, often more than the number of customers requested. However, foreign businessmen are very strict in the number of garments and < a > fabric > /a > management. The number of orders for garment processing is more than 3% to 10%, that is, 100 clothes are processed at most and 10 pieces are processed. Therefore, the same general style has only a small surplus and is unlikely to flow into the market in large quantities. If tens of hundreds of sellers in the market are selling the same "original factory outflow", it is almost certain that most of them are imitation. < /p >