Selling Shanzhai Sporting Goods 50 Merchants Are Accused Of Infringement

A few days ago, the reporter learned from the third people's Court of Dongguan. This year, the hospital accepted the "361 degree" company to claim Dongguan.

There are 145 cases of trademark infringement disputes, involving 50 shops, with an average compensation of 1000 yuan to 2 yuan per case.

The hospital said that in recent years, "361 degrees" and other well-known Brand Company began to become the "big family" of the court's lawsuit, and frequently took Dongguan shops to court on the grounds of trademark infringement.

The investigation found that many businesses were "selling fake products without knowing the fake", suggesting that the majority of businesses should be vigilant. When purchasing, suppliers should be required to provide relevant authorization documents and keep purchase bills, so as to avoid losses suffered by claims.

Case link

The department store owner sold slippers as a defendant.

May this year, a town in Changping, Dongguan

Mister Dou received two court summons, all of which were 361 degrees (Fujian) Sporting Goods Co., which prosecuted the slippers sold in their stores and infringe the trademark rights of the company.

"361 degrees" demanded that it stop the infringement and apologize to the newspaper and issue a compensation request of about 20 thousand yuan for each case.

The "361 degree" attorney said that the registered trademark of the company was recognized by the State Administration for Industry and commerce as China's well-known trademark. Its registered trademark is a well-known sports brand and is one of the main sponsors or partners of major sports events such as the Olympic Games and the Asian Games.

As a global brand, the company has done a lot of advertising and advertising for many years, and has a strong brand appeal.

However, in the market survey, the company found that many shops sell products that counterfeit their registered trademarks.

These sales activities not only infringe on their exclusive right to use registered trademarks, but also seriously damage their brand image, causing significant economic losses to them, and also bring great losses to consumers who trust their products.

In this regard, the company has notarized the relevant conduct and submitted it to the court as evidence, and resolutely safeguard its own rights and interests by legal means.

In the case of defendant, the court found that there are the following problems in the operation of shop operators: first, sellers do not know that their sales are infringing products.

The seller said that he did not know and could not verify whether the product was genuine or not. It was "selling fake" without knowing it, and used it as a defense. Two, the seller considered the liability of infringement on the producer.

Many sellers believe that they are not the producers of goods involved, goods are purchased from wholesalers, and they themselves are victims. The obligee should seek compensation from producers, but sellers can not provide legitimate sources of purchase. Three, operators are seriously lacking in relevant legal awareness.

Many shop operators often do not know the law, do not know the law or learn the law in the process of operation. They are ignorant of the infringements of the products sold, and the legal consequences of these products are mostly careless until they pay huge compensation costs.

In this regard, the Court adopted court interpretation, court trial and post sentence answering, etc., to popularize legal publicity for operators involved in shops, and actively mediate such cases.

Most of the shop operators attending the Court reached a settlement agreement with the plaintiff after the interpretation and reply of the court.

Since 2014, there have been 142 cases of trademark infringement disputes settled by mediation and withdrawal.

Judge reminded

Reserve purchase receipt legal channel purchase

In the era of increasing importance of intellectual property protection, how should sellers participate in protecting social obligations of intellectual property rights and protect their legitimate rights and interests? In this regard, the third people's Court of Dongguan put forward the following suggestions to merchants: sellers should purchase goods through legitimate suppliers or producers, and require suppliers to provide authorized documents of trademark owners;

All incoming notes should be retained; legal awareness should be strengthened.

In the face of the "361 degree" prosecution, Mr. Dou was very surprised and shouted loudly. He said that the goods involved were not made by him, he bought them from suppliers.

His department store is retail, and it is not clear whether it is infringement or not. It requires suppliers and producers to be co defendants.

The third people's Court of Dongguan held that the case involving infringing slippers was licensed on the same commodity without the "361 degree" license.

Mr. Dou's sales case involving infringing goods is a violation of the "361 degree" exclusive right of registered trademark, and it should bear the legal liability to stop infringement and compensate for the loss.

For Mr. Dou, who claims that the sale of infringing goods has legitimate sources, the supplier and the producer should be listed as a joint defendant's defense. The court held that the documents provided by Mr. Dou did not reflect the specific information of the infringing product, nor did it reflect the specific situation of the supplier and the manufacturer of the infringing product, which was not consistent with the provisions of the Trademark Law of China on the exemption of liability for compensation, and the reasons for the defense were not valid.

Taking into account the popularity of the trademark, the nature and consequences of the infringement, the size and location of the shop, the economic development status, the operating time, and the "361 degree" expenditure on the case, the court finally decided that Mr. Dou immediately stopped selling and destroying the inventory infringing products, and decided to compensate Mr. dou for the "361 degree" economic loss of 5000 yuan.

Cause analysis

Shop operators "do not know false and sell"

According to statistics, the third people's Court of Dongguan has handled 205 cases of trademark infringement disputes with the shop operators as defendants this year.

Among them, "361 degrees" prosecuted 145 cases, and the plaintiffs in other cases also included seven wolves, Goldlion, Pisces, and other Brand Company.

According to the phenomenon that shops are frequently accused, the court found that there are the following problems in the operation process of shop operators: first, sellers do not know that their sales are infringing products.

The seller said that he did not know and could not verify whether the product was genuine or not. It was "selling fake" without knowing it, and used it as a defense. Two, the seller considered the liability of infringement on the producer.

Many sellers believe that they are not the producers of goods involved, goods are purchased from wholesalers, and they themselves are victims. The obligee should seek compensation from producers, but sellers can not provide legitimate sources of purchase. Three, operators are seriously lacking in relevant legal awareness.

Many shop operators often do not know the law, do not know the law or learn the law in the process of operation. They are ignorant of the infringements of the products sold, and the legal consequences of these products are mostly careless until they pay huge compensation costs.

In this regard, the Court adopted court interpretation, court trial and post sentence answering, etc., to popularize legal publicity for operators involved in shops, and actively mediate such cases.

Most of the shop operators attending the Court reached a settlement agreement with the plaintiff after the interpretation and reply of the court.

Since 2014, there have been 142 cases of trademark infringement disputes settled by mediation and withdrawal.

Judge reminded

Reserve purchase receipt legal channel purchase

In the era of increasing importance of intellectual property protection, how should sellers participate in protecting social obligations of intellectual property rights and protect their legitimate rights and interests? In this regard, the third people's Court of Dongguan put forward the following suggestions to merchants: sellers should purchase goods through legitimate suppliers or producers, require suppliers to provide authorized documents for trademark owners, sellers should keep all incoming bills, and enhance legal awareness.

According to statistics, the third people's Court of Dongguan has handled 205 cases of trademark infringement disputes with the shop operators as defendants this year.

Among them, "361 degrees" prosecuted 145 cases, and the plaintiffs in other cases also included seven wolves, Goldlion, Pisces, and other Brand Company.