Japanese Enterprises Sue Group Buying Website Infringement
< p > "tick group" sales group buying price of counterfeit "French cock" travel < a href= "http://www.91se91.com/" target= "_blank" > shoes < /a >, after being prosecuted by a genuine manufacturing enterprise, suppliers and a href= "http://www.91se91.com/" > group buying website "/a" were all sentenced to pay.
Reporters learned yesterday that the second middle court of Beijing has issued judicial advice to the operators of tick group, urging the other party to strengthen the examination and get a response.
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< p > < strong > Japanese enterprise v. group buying website infringement < /strong > < /p >
< p > the plaintiff in this case is from Japan's Enterprise Co., Ltd., a company known as the world famous "a href=" http://www.91se91.com/ "target=" _blank "clothing" /a ", sports and leisure products manufacturer, there are hundreds of brand counters and exclusive stores in China.
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< p > Beijing today City Information Technology Co., Ltd. published information on its tick group website, organized the consumer group to buy the "French cock travel shoes with the original price of 480 yuan" at a price of 99 yuan, which was identical with the plaintiff's trademark. The product was not produced by the plaintiff or authorized by others, and the quality is coarse, and it is a infringing commodity. "Shenzhen"
The plaintiff sued for the two defendants to stop selling the infringing goods, and jointly compensate for the loss of more than 53 yuan.
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< p > < strong > group buying network suppliers are awarded compensation < /strong > < /p >.
When p was held, the two defendants denied the infringement. Today, the city company argued that it told consumers clearly when they released the information. The French cock sneakers bought by this group were provided by the company.
Today, the city company is also responsible for the delivery, return and subsequent legal disputes with the company.
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< p > Court concluded that the involved travel shoes belonged to the infringing plaintiff's registered trademark < a href= "http://www.91se91.com/news/index_q.asp" > exclusive rights < /a >, and the two defendants were jointly sold. Therefore, the two defendants were sentenced to stop the infringement. They were issued a statement on the infringement act in the China Consumer newspaper respectively to eliminate the influence. The company paid 88 thousand yuan to the plaintiff, and today the metropolis company compensated the plaintiff for 22 thousand yuan.
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< p > < strong > the court's judicial suggestion was responded to < /strong > < /p >.
After the decision came into effect, the second middle court of Beijing issued a judicial proposal to today's metropolis company in response to the problems reflected in the "tick group" in the case.
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< p > Court pointed out that, first of all, group buying website as a new type of network service provider, has the corresponding examination obligation to the paction information published on the website.
Secondly, there is no legal effect on the agreement that only the actual seller is responsible for it.
The court recommended that the company clearly examine its obligations and establish a sense of responsibility; standardize work standards, improve business level, improve publicity methods, refine sales information, improve after-sales service and establish linkage mechanism.
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< p > today, after receiving judicial advice, the metropolis company has set up a guide for qualification examination, and has set up a special post, which is mainly responsible for business qualification review.
At the same time, the company clearly stipulated the linkage mechanism between group buying websites and merchants in the contract, so as to better handle the problems such as < a href= "http://www.91se91.com/news/index_s.asp" > consumer complaints > /a >.
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