Live Selling: There Are 112384 Pieces Of Negative Information With Goods

Huaxizi has the potential to surpass the perfect diary of top domestic brands, but the consequence is that it is targeted by unscrupulous live broadcast pushers and counterfeiting gangs.

A few days ago, there was a large and small shop in charge of the distribution of fake goods in the West.

When the police arrived, two large warehouses of nearly 100 square meters in the dens were filled with express boxes that had not yet been packed and sent. Tens of thousands of counterfeit cosmetics brands were found on the scene, involving tens of millions of money. They imitated and imitated many popular brands such as huaxizi, SK-II, Dior, Estee Lauder and MAC.

Anchorperson's trick of selling fake goods

Not only the above case, not only cosmetics brands, but also all kinds of counterfeit goods are pouring into the e-commerce market of Taobao live broadcast, Shuo Yin, Kuaishou, xiaohongshu, etc.

A few days ago, Changshu Market Supervision Bureau also seized a batch of more than 2000 pieces of "fake" goods. During the on-site inspection, it was found that there were a large number of live network equipment in the warehouse. After investigation, it was found that these "fake brand names" were sold through the live broadcast platform.

According to the 618 consumer rights protection public opinion analysis report released by the China Consumer Association, during the monitoring period (June 1 to June 20), there were 112384 negative information about live broadcast with goods, accounting for about 9% of the total consumption right protection information of "spitting about". One of the "main slot points" of consumers for live broadcast with goods is that the product quality is not correct, and the platform anchor peddles "three noes" products and counterfeits to Internet users Fake and inferior goods.

One of the law enforcement officers of the market supervision bureau said: "when the anchor introduces products, such as" balische "and" andama ", she will say that this is the clothes of the" Ba "family, and this is the clothes of the" an "family. She will not directly talk about the brand, but will imply the brand. At the same time, the anchor will block part of the trademark, but the exposed part is enough to let consumers see what brand it is, and will also imply that "this is the same model in the counter."

The law enforcement officer further added: "there are also anchors who do not say the brand name, but directly show the brand logo, so that consumers subconsciously think it is a well-known brand." However, when consumers ask "is it genuine" in the live room, "this is the end of stock" will be used by the anchor to deal with it, and constantly emphasize that the price is low and the quantity is small, urging consumers to place an order.

Li Jing is an ordinary consumer. Her experience in the live broadcasting room is different from the above operation. It is not a product that is completely fake, but the appearance of the product is consistent, and a brand name is changed. According to her description, a makeup remover was sold out in Li Jiaqi's live studio a few days ago, but she couldn't grab it, but after a few days, she snapped it up in a sister's studio.

Happy, but Li Jing found the greasy: "the appearance of this product is exactly the same as that of Li Jiaqi's studio a few days ago, and a sister did the same product experiment in her studio as Li Jiaqi that night (pour the makeup remover into a water cup to see the emulsification speed). In addition, she did not mention the name of the brand during the whole introduction. After I bought it, I found that it was not a brand. I felt cheated by marketing and immediately cancelled the order. "

"Normally, before the live broadcast, the selection team will ask the merchants to show the brand authorization and trademark authorization, and the cross-border goods also need to show the customs declaration form. After the live broadcast, the merchants' certificates and information will be publicized."

In order to avoid the supervision and punishment of the platform and law enforcement departments, some illegal anchors will immediately take off the shelves and delete the goods after the live broadcast ends. "Some product links are made temporarily. If someone places an order, it will be deleted immediately. The careful anchor will also delete the live record." A person in the live broadcasting industry who did not want to be named said.

Yibang power understands that it registers a store on the e-commerce platform, but does not display specific commodity information (similar to the above figure), which can also avoid the monitoring of e-commerce platform to a certain extent. Even if the platform is involved in after-sales service, it is difficult to know what kind of transaction has been reached between consumers and businesses.

In addition, some people in the industry said: "some anchors are live broadcast on platforms such as Shuo Yin and Kuai Shou, and consumers complete their purchase through links to Taobao or other e-commerce platforms. Although it is sold through Taobao platform, there is no evidence left on Taobao platform."

Helpless business: cracking down on fake goods is like "beating ground mice"

"To be precise, the VT products she sells are not fake products, they are counterfeit products, or the appearance of the products is very similar, but changed the brand name." Hua Yufeng, head of VT China, a Korean cosmetics brand, recently discovered that an e-commerce anchor with about 20 million fans on a certain platform was selling counterfeit VT products.

A box of VT tiger mask is sold at normal price of 99 yuan, and a certain anchor sells imitation goods for 59 yuan, 4 boxes. "For those with thick pores, closed acne, damaged skin and long acne, I will give you one (commodity), moisturizing, repairing and Brightening Mask, Centella mask... A box of 5 pieces, the original price is 159 yuan. In my live room, the second killing price is only 59 yuan and 9 cents, and the shooting time is 4 yuan."

"It's very difficult for ordinary consumers to distinguish from the appearance, but they sell them as VT products, which completely disturbs our price system and brand image," Hua said When talking about the commonly used anti-counterfeiting means (anti-counterfeiting verification code), he said, these are invalid, counterfeit products do not need to be anti-counterfeiting code.

Moreover, the anti-counterfeiting verification code can also be forged. Changshu Market Supervision Bureau once encountered a case of "whole chain counterfeiting". Products, trademarks, packaging, anti-counterfeiting authentication code, anti-counterfeiting inspection website, quality inspection report, brand authorization letter and company seal were all counterfeiting and forgery.

"During an on-site inspection of a counterfeit case, there was a folder named" down jacket quality inspection report "in the computer files of the counterfeiting Gang, which was classified clearly and professionally. However, after careful inspection, it was found that there were two kinds of down jacket under the same report number, which was later proved to be a forged inspection report." An official official in Changshu, such as wechat, wrote.

However, faced with counterfeiting, brand merchants are often in a passive position because of time, energy, complaint cost and other factors. It has been more than two months since VT was ready to sue infringement anchors and businesses, but so far it has not been able to complete an infringement lawsuit.

"Now, we can only Sue through infringement of design patent. There is no other way. It does not use my brand name. We should prepare sufficient information for prosecution, collect counterfeiting evidence and sales information of the other party, and have a special team of lawyers to deal with infringement cases. " Hua Yufeng told Yibang power.

Huang Wei, equity senior partner of Beijing Yingke Hangzhou law firm, said: "the behavior of e-commerce anchor selling counterfeit brand products violates the relevant provisions of the trademark law and the anti unfair competition law. Although the anchors have taken various measures to avoid brand names, such acts as language hint, partial display, and even direct display of brand logo have clearly pointed to these brands, which is enough to constitute consumers' misunderstanding of the source of goods and constitute the infringement act stipulated in Article 57 (3) of the Trademark Law. Even if the brand name is replaced, businesses can sue for unfair competition and infringement of design patents. "

However, he also pointed out that it would be difficult for law enforcement authorities to obtain evidence by displaying the brand logo, implying the brand by language, deleting product links and playing back live, which would give the anchor room to defend when investigating and dealing with the law enforcement department.

Live broadcast and short video show to sell fake huaxizi

An intellectual property expert said: "for businesses, cracking down on counterfeit goods is like beating a hamster. After stopping a seller, they will start selling fake goods under different names or appear in the shops of other sellers. In this way, it is very time-consuming and expensive for businesses to deal with every infringement. "

Huaxizi, another victim of counterfeit goods, said frankly: "at present, in 1688, pinduoduo, Taobao, Weibo, xiaohongshu, shuoyin and other channels, there are different forms of huaxizi fake products, and repeated prohibitions. A fake link is deleted by a complaint, and it may appear in another way in another place. "

It is reported that in June this year, huaxizi has complained about nearly 2000 fake information on various e-commerce platforms and prosecuted more than 300 cases.

Why is the live broadcasting room a disaster area for counterfeit goods?

If the original sin of fake goods is not live broadcast, how is this wave of fake goods different from the previous ones?

Why will live broadcasting become a disaster area for selling fake goods?

Why does the live broadcasting platform delay? Is there a protection mechanism for brand merchants?

What is the reason why the "in these live broadcasting rooms" is so easy to be imitated?

With these four issues in mind, Yibang power has made a more in-depth investigation and discussion.

To some extent, fakes used to be mainly distributed in offline sales channels, but now they are flowing into the market through online and offline channels. Among them, the rapid rise of live online sales channel is closely related to "low price stimulation" and "impulsive consumption", which is in the heart of the circulation of counterfeit goods.

"In the live room, the anchor enthusiastically introduced the products, and constantly told you to grab coupons, time limited discounts, and no more. I'm afraid you have no time to study the authenticity of the product, and your fingers will not be able to place an order." Said a consumer who often shopped in the studio.

A person in charge of MCN told Yibang power that it is very common to have a return rate of 50% - 60% for live broadcast with goods, and 70% for exaggeration. Even the head anchor sometimes has a return rate as high as 30%. "What the studio creates is an atmosphere of impulsive consumption." He said it frankly.

The low threshold of live broadcasting with goods also makes it easy for fake goods to flow in. The above-mentioned person in charge said that for example, now, there is no limit on the number of fans to start live broadcast. If the number of fans exceeds 1000, you can have the window function of personal homepage to support the sharing of goods on the third-party e-commerce platform.

According to the "online survey report on consumer satisfaction of live e-commerce shopping" released by China Consumer Association, 37.3% of the consumers interviewed had encountered product quality problems in live shopping, but only 13.6% of consumers complained about their rights after experiencing problems. The spread rate of fake goods is even lower.

The mode of "online red with goods" has become the hardest hit area of counterfeit goods because of the difference between this mode and traditional e-commerce. In traditional e-commerce, the seller is fully responsible for product sales and after-sales service, while in the online red with goods mode, the person in charge of product sales is not responsible for after-sales service, and most of them cooperate with third-party companies, and the third-party company arranges the anchor to promote the products. "The quality of the product depends on the supplier. Generally, the big online celebrities attach great importance to the product quality, but the small online celebrities and small anchors often only care about the Commission and commission." One businessman pointed out.

And the current platform management and control mechanism is not perfect is also a major factor. "Taobao tmall, an e-commerce platform, is regulated by the electricity business law, but there is no accurate definition of the applicable laws for content platforms such as Shuo Yin and Kuaishou. It is not clear whether the advertising law or the e-commerce law is applicable." The above-mentioned businesses pointed out to Yibang power that this also gave the lawless elements the opportunity to exploit the loopholes.

In addition, it must be mentioned that big brands and luxury brands have been "Shanzhai" for a long time. It is not uncommon for them to spread from the past channels to the live broadcasting room. However, the rise of live broadcasting e-commerce has made the current online red products and brands become the targets of counterfeiting sellers, which is worth pondering.

"The more popular a product is, the more likely it is to attract the attention of counterfeiters, because such products have gathered a large number of fans and are widely known by consumers." An e-commerce practitioner pointed out that the five most popular categories in the live broadcasting room are beauty, clothing, jewelry, jade, food, and home department stores, while the new brands that are booming in the new round of live broadcast and short video are mostly concentrated in the field of beauty and food. So it's not hard to imagine the fakes they face.

"Many online celebrities are lack of core competitiveness, and their success often depends on the innovation of marketing means, and there is no barrier to the products. For example, there's no difference between a 29 piece mask and a 9.9 piece mask. " "In other words, it's too easy to fake these online Red brands," the person said