What Is The Purpose Of Luxury Litigation Providers?

Reports from foreign media showed that in May 16th, a number of luxury goods manufacturers of the French Open Cloud group jointly sued Alibaba group in New York, saying their shopping websites deliberately allowed counterfeit makers to sell counterfeit brands in the world.

This is the second time that the brand of Kai Yun group has filed a lawsuit against Alibaba in the less than a year.

In July 9, 2014, on the eve of the listing of Ali, a group of luxury Gucci (Gucci) and Yves Saint Laurent of Kai Yun group had placed the Alibaba in the dock of the US court for the same problem, when the indictment was 147 pages long.

Different from the rapid reconciliation between the two sides, Ali's external stance is relatively tough. In a statement issued to the media in May 16th, Alibaba group said, "there is no basis for the unilateral accusation of Kai Yun group". Ali also said that "Alibaba law will prepare materials according to legal procedures and actively respond."

Judging from the reaction of the public opinion, the lawsuit of two times a year by the luxury brand has attracted more speculation. Some people in the industry even suspect that this is related to the poor financial situation of Kai Yun in China in 2015.

However, more people believe that this may be a strategy of brand marketing through cloud litigation.

"The time point of prosecution is very subtle, one is the key eve of Ali's listing, the other is the eve of the Chinese tariff, which can obviously save a lot of advertising costs for the enterprises."

An insider who asked not to be named told the China business newspaper.

Liu Chunquan, director general of Pan Yang law firm in Shanghai, said, "if the luxury brand really wants to fight against fraud, it will be more effective than the litigation to find a lawyer who is proficient in e-commerce according to the complaints and protection methods of intellectual property rights provided by e-commerce enterprises."

So to speak,

Are there any other better solutions to the problem? What is the plot behind the lawsuit?

A number of international luxury brands such as Gucci and Saint Laurent were filed in the federal court of Manhattan in the Alibaba.

They accused Alibaba of conspiring with counterfeiters to fabricate their brand counterfeit products and providing sales and distribution platforms without obtaining such luxury brand licensing.

These businesses lodged claims and requested a ban on the alleged Alibaba's violation of trademarks and anti fraud laws.

BBC reported that, however, in the case of opening the cloud, Ali's response was directly to the core of the problem. Ali mentioned in the lawsuit "Alibaba and counterfeiters conspire to produce fake goods and help."

In response to the sale and pportation, he said that Ali's AE (fast selling) and other international commodity trading platforms never produce goods. The accusation has no basis and will retain the right to follow up corresponding legal actions.

It is worth noting that

One thing we insist on here is that it has not colluded to produce fake goods and help them sell and pport.

This is because Ali is a third party e-commerce platform, which provides information network services for matching pactions. It integrates information technology services, payment services and express services, but does not directly sell products. Popularly speaking, the platform does not invoke, the seller on the platform sells goods and invoices.

"No matter whether the US eBay (Yi Bei) company or the Chinese Yi Bei eBay company has been appealed to the court for a long time as a seller, the courts in the United States and China have not decided that the e-commerce platform is a seller and the legal liability of the seller."

Liu Chunquan said.

"Of course, not all e-commerce enterprises are third party platforms, such as Jingdong, Amazon's B2C business, that is, the sale of products through e-commerce, that is to bear the legal responsibility of sellers."