Sales Of Counterfeit Clothing Should Bear The Responsibility Of Trademark Infringement.

Legal point of view: fifty-second of the following acts are infringing on the exclusive right to use registered trademarks:

(1) without the permission of the trademark registrant, the same or similar trademark shall be used on the same commodity or similar commodity;

(two) selling goods that infringe the exclusive right to use registered trademarks;

(three) forge or unlawfully manufacture registered trademarks of others, or sell registered trademarks of forged or unauthorized manufacturing;

(four) replacing the registered trademark without the consent of the trademark registrant and putting the trademark changed into the market.

(five) causing other damage to the exclusive right of a registered trademark to another person.

The fifty-third article is one of the acts that infringe upon the exclusive right to use registered trademarks listed in the fifty-second articles of this law. If disputes arise, the parties concerned will resolve them through consultation. If they do not want to negotiate or fail to negotiate, the trademark registrant or interested party may bring a suit in the people's court, or request the administrative department for Industry and commerce to deal with it. When the administrative department for Industry and Commerce deals with it, it finds that the act of infringement is established, it shall be ordered to stop the infringing act immediately, confiscate or destroy the infringing goods and the tools specially used to manufacture the infringing commodities and forge the marks of the registered trademarks, and may impose a fine. If a party refuses to accept the decision, it may bring a suit in the people's court within fifteen days from the date of receiving the notification of the handling of the procedure. If the infringer fails to prosecute and fails to fulfill the law at the expiration of the time limit, the administrative department for Industry and Commerce may apply for compulsory execution by the people's court. In accordance with the request of the parties concerned, the administrative department for Industry and Commerce may mediate the amount of compensation for infringement of the exclusive right to use the trademark. If mediation fails, the parties may bring a suit in the people's court in accordance with the Civil Procedure Law of the people's Republic of China.

Case study: Levis A company specializing in apparel production and sales in the United States, the company's "LIVES" brand denim apparel series has a certain reputation in the market. In January 11, 2006, the LIVES trademark was approved by the administrative department of industry and Commerce in China as a registered trademark and approved for the use of commodities including clothing, jeans, etc., valid for January 11, 2006 to January 10, 1016. In August 2007, Chen Xiaobai, a shop owner of Nanjing Road, bought a lot of fake LIVES from Guangzhou. Brand denim clothing External sales. When it was seized in May 2008, Chen Xiaobai had sold 33 thousand rolls of counterfeit registered trademark denim clothing, with sales amounting to 1 million 220 thousand yuan, of which more than 1.2 counterfeit LIVES brand jeans were sold, amounting to about 600000 yuan. In March 2009, the court sentenced Chen Xiaobai to 3 years' imprisonment, 4 years' probation and 50 thousand yuan penalty for confiscation of illegal gains and stolen goods. In July 2009, Levi's filed a lawsuit against Chen Xiaobai by trademark infringement, demanding that the infringement be stopped and the compensation amount of $400 thousand.

Decision: the court held that the plaintiff Levi's company is a trademark registrant of LIVES, and its registered trademark patent right within the scope of the approved commodity shall be protected by the patent law of China. The defendant Chen Xiaobai knew that it was a counterfeit LIVES trademark, and the denim garment was sold for external profit, and could not prove that the commodity was legally acquired and explained the provider. The defendant Chen Xiaobai infringed the exclusive right of the plaintiff Levi's company's registered trademark. Therefore, the court ruled that the defendant Chen Xiaobai stopped the infringement and compensated the plaintiff Levi's for 400 thousand yuan in economic losses. The violation of the exclusive right of the plaintiff Levi's company's registered trademark was made clear in the new town evening newspaper to eliminate the influence.

Claim: trademark, commonly known as "brand". Trademark is an important symbol for people to identify products, and trademarks are always closely related to the quality of products. People buy certain products according to their identification trademarks. Trademark infringement refers to infringement of the exclusive right of registered trademark. The 52 provision of China's trademark law stipulates that one of the following acts is a violation of the exclusive right to use registered trademarks:

(1) without the permission of the trademark registrant, the same or similar trademark shall be used on the same commodity or similar commodity;

(two) selling goods that infringe the exclusive right to use registered trademarks;

(three) forge or unlawfully manufacture registered trademarks of others, or sell registered trademarks of forged or unauthorized manufacturing;

(four) replacing the registered trademark without the consent of the trademark registrant and putting the trademark changed into the market.

(five) causing other damage to the exclusive right of a registered trademark to another person.

The sale of forged goods is not merely a trademark infringement. It is a false representation. It misleads consumers and consumers buy goods. This also infringes consumers' right to know. According to China's " Tort Liability Act "The fifteenth way to undertake tort liability includes:

(1) stop infringement;

(two) remove obstacles;

(three) eliminate danger;

(four) return of property;

(five) restore to its original state;

(six) compensation for losses;

(seven) apologize;

(eight) eliminating influence and restoring reputation.

The above way of assuming tort liability can be applied separately or may be applied in combination.

And the trademark law has one of the fifty-second acts of infringing upon the exclusive right to use registered trademarks in this law, causing disputes, which shall be resolved through consultation by the parties concerned. If a person is unwilling to negotiate or fail to negotiate, the 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. When the administrative department for Industry and Commerce deals with it, it finds that the act of infringement is established, it shall be ordered to stop the infringing act immediately, confiscate or destroy the infringing goods and the tools specially used to manufacture the infringing commodities and forge the marks of the registered trademarks, and may impose a fine. If the party is not satisfied with the decision of handling, it may prosecute the people's court within fifteen days from the date of receiving the notice of treatment in accordance with the administrative procedure law of the People's Republic of China; the administrative department for Industry and Commerce may apply for compulsory enforcement by the people's court if the infringer expires without prosecution and does not perform it. In accordance with the request of the parties concerned, the administrative department for Industry and Commerce may mediate the amount of compensation for infringement of the exclusive right to use the trademark. If mediation fails, the parties may bring a suit in the people's court in accordance with the Civil Procedure Law of the people's Republic of China.

Specifically, in this case, the LIVES trademark is a trademark approved in China and is protected by Chinese law in accordance with the law. No one can infringe on the exclusive right to use LIVES registered trademarks. Chen Xiaobai sells fake LIVES jeans, and does not prove that there is no provider from legal channels. Therefore, Chen Xiaobai constituted the problem of civil liability of L for selling counterfeit registered trademarks and Chen Xiaobai. According to the relevant laws, the court decided to stop Chen Xiaobai's infringement and eliminate the influence. He ordered Chen Xiaobai to compensate the LIVES trademark owner for 400 thousand yuan within the scope of the law.