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    To Sell Two Letters On Another's Trademark And Infringing The Internet Constitutes Infringement.

    2014/12/15 22:02:00 16

    TrademarkInternet AccessSales Infringement

    Recently, Wuzhong District's Chen and Liu have been fined 500 thousand yuan and 80 thousand yuan respectively by local industry and commerce departments.

    In May 15th of this year, trademark The owner, Ho Mou, reported to the industrial and commercial bureau of Wuzhong that someone had sold a vacuum cleaner that infringes its trademark exclusive rights through major websites such as Taobao, Jingdong and Gome online. The warehouses are located in Wuzhong District Swan Road and Mu Dong road. After investigation, the report is true. The local industry and commerce departments have found more than 7000 vacuum cleaners with similar marks to the trademark owner, and over 1 boxes.

    According to Trademark law "Seventh article:" no trademark. register The permission of a person to use a trademark similar to a registered trademark on the same commodity or similar commodity is likely to lead to confusion ". Although Chen and ho Mou reached an understanding agreement, the industry and commerce department finally punished Chen's illegal behavior and fined 500 thousand yuan.

    Liu, a graduate of the University, applied for the registration of "spatsing" trademark to the State Administration for Industry and Commerce Trademark Office on 26 January this year, mainly for basketball and other articles. Since then, Liu has commissioned a processing plant in Xiamen to produce 2640 basketball players with "spatsing" logo on the surface and sell them on the "Tmall" shop. In April of this year, a client of a foreign company, Hangzhou jelly enterprise management consulting Co., reported to the industrial and commercial bureau of Wuzhong, saying that the "spats-ing" logo used by Liu was highly similar to its trademark "Spalding" and was a trademark infringement. The industrial and commercial bureau of Wuzhong thinks that it is true, and the company is fined 80 thousand yuan.

    According to the "trademark law", registered trademarks need to be approved before they can be used; trademarks that are not registered can not be used without authorization. Chen and Liu believed that no one knew about online sales, which led to illegal activities.

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    Because the Internet advertising advertised that he was the center of the dispensing machine for big circular machines, Lee of Zhangjiagang was confiscated by the local industry and Commerce Department for over 56 yuan of Internet sales revenue and fined 60 thousand yuan.

    In May 26th of this year, the law enforcement officers of the Zhangjiagang industry and Commerce Bureau found that in August 19, 2012, Li built his own website. At the same time, he was engaged in the promotion of second-hand circular machines in the name of "network excellent platform" (that is, "network excellent second-hand network"). Now he has hired a local knitting company, such as a large car room, office and so on, and has started a physical store to engage in the operation of second-hand circular machines. "In May 26th, As a matter of fact, the "center" does not even have a business license. The online advertising is false propaganda.

    According to the advertising law and other related regulations, Zhangjiagang industrial and Commercial Bureau ordered Li to stop illegal activities, eliminate the impact and impose corresponding fines.

    The director of the network supervision department of the Suzhou industry and Commerce Bureau reminds the operator that the Internet publicity must be honest. Any false statement can cause concern on the surface. Once the complaint is made by consumers, the operator will ultimately be harming himself.


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