Fang Nai Appealed Against Taobao Trademark Infringement

< p > recently, by the Jiangxi Provincial Higher People's court mediation, Guangzhou fangye Clothing Co., Ltd. v. Li Juhong infringed on the "a href=" http://www.91se91.com/news/index_c.asp "trademark" /a "dispute appeal case, and settled down with Li Juhong's compensation for Fang Nai company 7000 yuan.

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< p > evidence shows that Zhang Guoming, an outsider, is a trademark registrant of "FanGnaiEr Fang Nell". The trademark is approved to use twenty-fifth categories of goods, including clothing.

In September 28, 2009, Fang Nai signed a trademark licensing agreement with Zhang Guoming. Since September 28, 2009, Fang Nai has registered the trademark "FanGnaiEr Fang Nell" with its exclusive license in the country.

On the same day, Zhang Guo Ming issued a letter of authorization for Fang Nai company to operate, counterfeit and protect rights. It authorized the company to be the only headquarters unit in the operation of "Fang Nell" brand in China.

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< p > September 20, 2010, Fang Na company applied for notarization institution to apply for notarization of preservation evidence.

On the same day, the client of Fang Nai company took a computer with a notarial institution in Taobao's "happy pat 88" shop, which was labeled "FanGnaiEr Fang Nell" brand underwear.

As of October 29, 2010, notaries supervised the online ordering of goods, payment, check orders, logistics information and receiving process, and photographed, sealed and kept the products purchased by the notary office.

According to Fang Nai company, the above a href= "http://www.91se91.com/news/index_c.asp" > underwear "/a" is sold as the trademark product of FanGnaiEr Fang Nell, which is sold by "happy pat 88" online shop.

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< p > > a href= "http://www.91se91.com/news/index_c.asp" > Fang Nai < /a > the company learned from Taobao that "happy patting 88" online shop Li Juhong manages, then claims to Li Juhong, but Li Juhong does not reply.

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At the end of 2012, Fang Nai filed a lawsuit against the intermediate people's Court of Shangrao, Jiangxi Province, requesting the court to confirm that Li Juhong infringed the exclusive right of registered trademark of Fang Nai company and decided to compensate for the economic loss of 150 thousand yuan.

Li Juhong thought that he did not know the law and worked at his leisure time to open a "happy pat 88" shop on Taobao. He sold only one underwear that imitated "Fang Naer" trademark. The whole incident made little profit and could not accept the claim of $150 thousand by Fang Nai company.

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< p > the Shangrao intermediate people's Court concluded that Li Juhong's "happy patting 88" online store, which was opened by Taobao, sold a piece of underwear that violated the exclusive rights of "Fang Naer" registered trademark. It violated the trademark exclusive right of Fang Nai company, and sentenced Li Juhong to compensate the company's economic loss of 5000 yuan.

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After the verdict of the first instance, P said that the first trial found that the "happy patting 88" shop sold an infringing product, resulting in a low amount of judgment compensation, and requested a change of sentence to compensate Li Juhong for the loss of 50 thousand yuan.

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In order to find out the facts of the case, the Jiangxi provincial high court took the sales records of three months before and after the sale of infringing products by Alipay (China) Network Technology Co., Ltd., and guided Li Juhong to use Taobao membership name "happy pat 88" and password to pfer the paction records from Taobao website to check for P.

In the face of infringement facts, Li Juhong chose to reconcile with Fang Nai company.

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The judge who handled the case told reporters that only in 2013, Tmall's "double 11" shopping carnival, Alipay's turnover amounted to 35 billion 19 million yuan. The products involved more than 30 thousand brands. The products of online retail covered almost all the commodities of social retail. So, the development of e-commerce as a new industry was developing rapidly. However, the problems of intellectual property rights such as trademark infringement and so on have also aroused widespread concern from all walks of life in the P.

Since the end of 2012, three courts in Jiangxi have received many disputes over trademark infringement caused by e-commerce. The proliferation of fake and shoddy products on the Internet has seriously damaged the legitimate interests of consumers and trademark owners.

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"P >" after the dispute, whether paction, settlement, payment, goods (services) detailed information, or order custody, inquiry, tracking and pportation and delivery of detailed paction records, can be restored in full.

If a seller sells a debt, he will only increase his determination to deliberately sell the goods.

Full and accurate electronic data can help the judiciary (law enforcement authority) to determine the nature and consequences of infringement, and the scale of the accused's operation and other illegal elements.

The judge of the case said that merchants obtained legitimate independent web addresses through legitimate channels, and reported IP address information, merchants submitted real identity information to electronic commerce platform for authentication, and bank cards tied with Alipay. These are effective clues to arrest e-business infringers.

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< p > it is also reported that the real name system of bank card and the real name examination system that gets the network paction platform service makes everything retroactive.

Although the construction of credit system in China has not yet reached the 100% real name system, the amount of Alipay within the infringer may be frozen by the judicial authorities, and the judicial authorities can also freeze all the e-commerce activities under Alipay.

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The judge who holds the case thinks that with the improvement of the integrity system, the electronic commerce of real name can purify the network, resist and eliminate counterfeit infringing goods, and help realize the comprehensive, coordinated and sustainable development of P.

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