Shanzhai Jewelry Brand Redline Appeared In Tmall And Was Delisted.

Shanzhai jewelry

Redline appeared on Tmall and was delisted.

Recently, Zhang Hua, a white collar worker, searched the bracelet of Redline online, and found that although Tmall flagship store and brand official website existed at the same time, it was interesting that both addresses were displayed on the front page of their websites as the only legitimate sales websites.

The Redline, which was sold on Tmall, said, "Redline flagship store is the only legitimate sales organization in mainland China", while Redline from France shows that it has never authorized any individual or business to be there.

Tmall sales agent for our products ".

This Redline is not Redline.

The reporter took a message on the official website of French redline as a consumer. The brand replies: the French redline website is the only official website for online sales, and it has nothing to do with Tmall.

According to the inspection, the French jewelry brand Redline was founded in 2004.

Laetita Cohen-Skalli combines gold and diamonds with precious materials and light rope, and is well received by female stars in China.

Its pricing in France's official website is about 10000 yuan.

And in Tmall's Redline, its Tmall registered company is written by Shenzhen Xi GUI Network Technology Co., Ltd., on its baby details page, China's first Redline bracelet was produced in 2011, and the company was established in 2014, and on-line in 2015.

The price of its product ranges from 2000-6000 yuan, and there is a certain gap between the price of the French brand and the price of the French brand.

There is also a doubt that when the reporter asked whether it was a French brand Redline, shop customer service did not directly answer this question:

Lawyer: there is no infringement of the trademark, but it is suspected of misleading the consumer.

The reporter saw on the website of the State Trademark Office that the trademark applicant of Redline was a personal name named Chen Yufeng, whose domain was jewelry, ornaments, jewelry and so on. In July 2011, the trademark registration was successful.

However, there is still an applicant named redline, a company belonging to France, whose trademark registration succeeded in September 2011.

Since China's law follows the principle of "application first", the trademark registered by the French brand can only be written as "precious metal alloy".

Zou Ying, lawyer of Beijing Hui Rong law firm, said: "trademark protection is the identification, avoiding consumers to confuse the source of goods or services.

In China, one of the principles of trademark registration is the principle of first application. Once the application is first approved and registered and announced, the trademark is protected.

The French brand Redline is not registered in the field of jewelry and jewelry in China, so the trademark of the Chinese brand Redline sold in Tmall is protected by law.

However, this does not mean that the Chinese brand Redline can be "relaxed and carefree" because many consumers who have bought Tmall from Tmall shop think they buy the brand from France, but in fact it is a brand of Chinese blood.

China's Redline is actually suspected of misleading consumers. As consumers, it can claim relevant rights and interests according to the consumer rights and interests protection law. In addition, Redline, as a de facto right holder, can also try to safeguard its rights in accordance with China's trademark law, but it is clear that this dimension of power initiatives will be protracted.

Business: making Shanzhai brand is not a permanent solution.

In fact, a copycat brand with legal status is not a new phenomenon.

For example, "new Yorkland", "wonderflower" and "Lafite Manor" are all formal brands approved by the State Trademark Office. These brands are not clear with New Balance, Taiwan famous household appliances brand "cherry blossoms" and French Lafite wines.

A businessman who declined to be named told electric business online reporters that some sellers and shops would try to make a Shanzhai brand, just seeing the "Big Bang" effect of Shanzhai brand, which could make a new brand develop rapidly in a short time.

But this is not a permanent solution. On the one hand, there is always a certain legal risk in the brand of Shanzhai. On the other hand, the development of cottage brand will not last long.

In fact, according to the online business reporter, a well-known brand of clothing has been sold to Tmall for billions of dollars a year, but its responsible person has said in the interview that he will try to register some new brands later, after all, there is still a certain supply chain support.

"Consumers will have a positive mentality. If consumers find that the products they buy are not genuine products, this will not help retain the consumer.

If you really want to make a brand in the long run, do you still want to avoid Shanzhai?

The merchants said.

Platform: screening of "big data + public review"

Auditing from the platform is a "survival pressure" that cottage brands must face.

For the "Shanzhai" commodities, Ali is also exploring ways and methods of "Shanzhai" governance.

In September 2015, Tmall quality control team launched the "big data + public review" of the "Ding Jun Shan" project.

After being screened out of the big data model, a trademark suspected of being copied will be submitted to Taobao's "public judges" to take part in the judgement.

Each trademark (commodity) captured by big data needs to be sent to 800~1000 public judges at least.

If more than a certain percentage of the public assessors believe that the trademark (commodity) is confusing it, Tmall will initiate a series of governance mechanisms, such as the flagship store whose trademark is not renewed, the relevant products deleted and so on. In the future, it will also take different measures to deal with Shanzhai products by means of restricting loans and restricting activities.

Recently, Tmall has launched the "public review" mechanism to allow consumers to make judgments.

It was found that nearly 80% of the public judges from all walks of life, who knew the French redline brand, thought that they would be associated with the French version of redline when they saw the products of the redline flagship store in China. In view of this, Tmall finally decided to handle the whole network delisting of the Chinese version of redline.