Huangdao Industry And Commerce Investigated And Dealt With Two Types Of Trademarks Suspected Of Counterfeiting Children'S Clothing.
Ms. P, a Huangdao citizen, bought a "Disney brand" children's trousers at the local a href= "http://www.91se91.com/news/index_f.asp" > children's wear "/a" counters. When she got home, she found that the trousers were rather rough. She suspected that she had bought a fake and went to the local Disney store for enquiry and verification, and it turned out that the trousers were false.
Ms. Chen reflected the matter to the industrial and Commercial Department of Huangdao district. Yesterday, the law enforcement officers of the Huangdao district industry and Commerce Bureau seized 40 pieces of fake Disney brand children's clothing on the spot, and sealed the other 45 pieces, waiting for the manufacturers to make a true and false identification.
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"P", according to Ms. Chen, two days ago, she went to the clothing area on the first floor of the supermarket, spending more than 100 yuan to buy a Disney brand jeans for her 5 year old son.
"Salesman Du Mou told me that she sold authentic Disney costumes.
Because I did not rush to see what happened.
When I got home, I felt that my trousers were very thin and rough, not like the brand a href= "http://www.91se91.com" > dress < /a >.
Ms. Chen said, so she went to the Disney clothing store located on the Huangdao people's road, and learned from the store manager that the pants she bought were "a href=" http://www.91se91.com/news/index_c.asp "fake" /a ".
"At present, I am the only seller of Disney Lion King (men's clothing) and Marie cat (women's wear) children's clothing in the original Jiaonan area, and duu has not been authorized by merchants at all."
In addition, there is a distinct problem with the jeans bought by her son, Ms. Disney said: the brand of the men's suit should be the lion king, while the jeans are hung with the tag of Marie cat representing the women's clothing.
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< p > the law enforcement officers in Huangdao District found that the two cheongsam with the same texture and style was sold by different brands.
In the face of law enforcement officers' enquiries, Du Mou admitted that some of the brands and labels of Disney's brand clothes she sold were bought by herself, and then she added them herself.
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< p > at noon yesterday, law enforcement officers seized 40 pieces of clothing on the Dun's booth and temporarily sealed the other 45 pieces.
"After our preliminary investigation, these 40 Disney brand clothes were initially identified as fake goods, and the other 45 pieces were also suspected of counterfeiting. It is also necessary to wait for authentic manufacturers to make further identification."
Huangdao District fair trading board chairman told reporters that Du Mou suspected of "a href=" http://www.91se91.com/news/index_q.asp "trademark infringement" /a ", they will be further punished after investigation.
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< p > Disney, a senior manager of clothing store, said: "this cabinet of duu can make us bitter. It not only affects the sales volume of our stores, but also the quality of the clothes she sells, and it also smashed the brand for us."
"We have never authorized Disney to sell our clothes," he said. "We will send someone to Huangdao to help solve this problem in the next few years," said the staff member of Guangdong Licheng cartoon products Co., Ltd.
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< p > lawyer's statement: < /p >
< p > according to Zhang Baoqing, lawyer of Shandong Chuan Jia law firm, the fifty-second law of the People's Republic of China trademark law stipulates that one of the following acts is a violation of the exclusive right to use a registered trademark: (1) without the permission of the trademark registrant, the trademark that is the same or similar to its registered trademark is used on the same commodity or similar commodity; (two) selling goods that infringe the exclusive right to use the registered trademark; (three) forging or unauthorized manufacture of the registered trademark of another person or selling the registered trademark mark of forged or unauthorized manufacture; (four) replacing the registered trademark with the consent of the trademark registrant, and putting the trademark changed into the market; (five) causing other damage to the exclusive right of the registered trademark of another person.
The fifty-third provision stipulates that one of the acts of infringing on exclusive rights of registered trademarks listed in article fifty-second of this Law shall be resolved through consultation among the parties concerned. If a person is unwilling to negotiate or fail to negotiate, a trademark registrant or interested party may bring a suit in a people's court, or he may request the administrative department for Industry and commerce to deal with it.
The fifty-fourth provision provides that the administrative department for Industry and Commerce shall have the right to investigate and punish the act of infringing upon the exclusive right to use a registered trademark.
That is, if the perpetrator violates the national trademark law and regulations and uses the same trademark as the registered trademark without the permission of the registered trademark owner, if the circumstances are serious, he shall be investigated for criminal responsibility according to the provisions of the 213rd provision of the criminal law according to the crime of counterfeiting a registered trademark.
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< p > law enforcement officers are investigating suspected counterfeit children's clothing.
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