Trademark Infringement Goods Over 90% Series Fakes

"P > fake goods, consumers hate," a href= "http://www.91se91.com/news/index_q.asp" > trademark "/a >" also hate.

The data of the case handling of the Beijing city court system shows that in the case of trademark registration, 90% goods are counterfeit goods involved, and the sale of counterfeit registered trademarks has been more and more frequent in recent years, which has seriously damaged the order of the market economy.

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< p > < strong > trademark infringement goods exceed 90% series fakes < /strong > < /p >.

< p > recently, the court of Dongcheng District, Beijing, handled 5 cases of trademark disputes of famous brand "BELLE" shoes.

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< p > April 2nd, the court organized the original defendants to conduct pre court talks.

Plaintiff Xin Bai Li shoes (Shenzhen) Co., Ltd. said that it had the exclusive right to "BeLLE" registered trademark in accordance with the law. However, in the market of Beijing Bai Rong world trade market limited liability company, there were many individual merchants selling counterfeit women with the word "BeLLE".

The plaintiff believed that the Bai Rong World Trade mall was negligent in fulfilling its regulatory obligations, and should jointly assume the tort liability with the individual merchants selling the infringing goods, and requested the defendant to stop the infringement and compensate for the economic losses.

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The registered trademark of < p > "BeLLE" is a well-known trademark recognized by the State Trademark Office, and the new Belle shoe industry has been infringed in recent years.

Recently, the company also brought the Beijing bee lotus supermarket chain Limited and its Liuliqiao store and grass bridge shop to Beijing Chaoyang District court.

At the end of last year, these supermarkets sold a href= "http://www.91se91.com/news/index_x.asp" with "BeLLE" logo, leather shoes < /a >, suspected of trademark infringement.

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< p > reporters learned from the second intermediate people's Court of Beijing that 28 cases, 25 and 119 cases of counterfeit brand merchandise were sold in the 3 years from 2010 to 2012, and the number of cases continued to rise.

Of the 107 trademark infringement cases that were closed in 2012, 99 were sold and sold.

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< p > statistics from Fengtai District court of Beijing showed that the case of trademark infringement was also rising: 67 in 2011, 194 in 2012, and 80 in the first quarter of 2013.

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Zhou P, a judge of the second middle court, told reporters that the selling behavior was mostly in the small commodity market. Most of the people selling the products were individual businesses. They usually rented counters in the small commodity market, and the retail or wholesale prices were relatively low. The counterfeited registered trademarks were generally known brands of related industries, including international brands such as LV and Chanel, including domestic well-known brands.

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< p > the second court found that the defendants in the case of selling fake cases were generally unable to explain the legitimate source of the infringing goods.

From 2009 to date, only about 5% of defendants in the small commodities market have heard evidence of the legitimate origin of the merchandise.

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< p > < strong > network becomes the "worst hit area" of infringing products < /strong > /p >

< p > reporter has learned that trademark infringement is very common on the Internet.

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< p > March 2011, Beijing today's City Information Technology Co., Ltd. published information on its tick group buying online, selling "French cock travel shoes with a price of 480 yuan" at a price of 99 yuan, claiming that "100% genuine guarantee" and travel shoes were provided by Shenzhen runway Network Technology Co., Ltd.

Due to the use of Desanto's registered trademark in shoes and boxes, today's metropolis company and Xiu Xiu net are reported to Beijing second middle school by Desanto.

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< p > the court held that the walking shoes should be aware that the traveling shoes with the logo "French cock" should be sold on a subjective basis. It is a commodity that infringes the exclusive right to use the registered trademark, and the commodity has no legal origin, which infringes the exclusive right of the registered trademark of the company. Today, the city company as a sales website encourages consumers to buy their recommended commodities in a limited time group purchase mode. The two companies belong to the joint sale, and the two parties decide to stop infringement and compensate the other party for 110 thousand yuan.

In March 27, 2013, the case was selected by the Beijing high court as the ten typical case of intellectual property rights in 2012.

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< p > < a href= > http://www.91se91.com/news/index_p.asp > > Beijing < /a > Chaoyang District court judge Ma Yunpeng told reporters that the website sells counterfeit infringing products especially group buying websites.

As a new type of commodity consumption and marketing mode, group buying brings convenience to consumers and businesses, but also causes serious infringement of registered trademark rights.

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< p > for its reasons, Ma Yunpeng thinks that website products often have specific sources, and consumers' understanding of commodity quality and intellectual property rights depends on the introduction of websites, which requires website operators to bear higher examination obligations.

In practice, the website often agrees with the actual supplier that the latter is responsible for the authenticity of the information and the product quality and legality. However, it is difficult to fulfill the necessary obligation of examination, resulting in a large number of infringing goods flowing to the market.

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< p > "many websites belong to websites with no record, no office address and no fixed contact mode. They usually attract consumers with ultra-low prices, and sell fake products for the sake of pursuing profits."

Ma Yunpeng said that sales of products from daily necessities to household appliances, from wedding photography to catering services are available, especially those of well-known brand goods. Consumers are involved in hundreds of thousands of people, causing huge losses to the rights holders and consumers.

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< p > < strong > the right way to protect rights is difficult to protect rights < /strong > < /p >.

< p > the judge of Fengtai District court of Beijing told reporters that some rights holders were not properly protected because of their improper rights protection.

Specifically, there are five main cases: < /p >

< p > one is that the time between the fixed evidence and the prosecution is too long.

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< p > March 2011, a company in Shanghai which owns the trademark of natural fountain pen preserved evidence of infringement on a supermarket in Beijing. It was not until two years ago that the infringement was done in the past two years until the end of 2012.

The supermarket said that the seller was at the rental counter, but Yin had lost his lease a few months ago.

It is too late for the supermarket to prosecute the other party, resulting in the lack of proof and the possibility of recourse to Yin, and refuses to accept mediation.

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Li Pifu, judge of the Fengtai District court, said that the limitation of action in trademark infringement cases is two years, and the right holder can choose the time to prosecute. However, the trademark law also stipulates that if the sale is not known to be a infringing product, if it proves that the goods are legally acquired and explained by the supplier, the P shall not be liable for compensation.

The delay in prosecution by the trademark owner will bring unexpected obstacles to the evidence gathered by the infringer and stimulate the antagonism of the infringer.

"The rights of the obligee should give due consideration to the legitimate rights and interests of the infringer. After collecting the evidence, it is necessary to take legal action in time so as to solve the dispute thoroughly so that the real infringer will be hit by law."

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< p > two is the right person "lion opening" dispute mediation "abortion".

Li Pifu said that many of the infringers wanted to settle disputes under the mediation of the court, while some rights holders tried to crack down on the infringers with a substantial increase in the amount of claims, but the results were often counterproductive.

Li Pifu once had such a case, a small shop less than 10 square meters selling fake tights, a pair of socks only a few yuan, the right person sues the court to ask the shopkeeper to compensate 500 thousand yuan.

Although the shopkeeper was willing to accept mediation, he was intimidated by the claim amount of 500 thousand yuan, and the court had to make a judgment of 6000 yuan.

"If mediation is made, the right holder may get more compensation."

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< p > "splitting the infringement cases, using the evidence of different places, preserving the evidence, and comparing the description of infringement, leading to the reduction of persuasion, which are also the right way of protecting the rights of the obligee."

Li Pifu said.

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