Two years ago sold the same fake underwear yongkang more than 200 shop was sued

Zhejiang Online October 19 News

Yongkang readers Mr. Chen call the Money hotline 0579-89111111: I am Taobao sellers, in 2009, a company in Guangzhou bought my shop in a set of body underwear, and later he said it was fake, I sent an indictment, I know several stores have received indictments and Taobao notice.

Reporter verified: Mr. Chen opened Taobao shop for nearly 5 years, yesterday morning, he brought seven or eight people have the same encounter, he told the story.

Sold three pieces of underwear, the other side claimed tens of thousands of yuan

In the second half of 2009, he saw on TV a "Fang nai son" plastic body underwear sold very hot, when the purchase of the underwear, just took a few sets. 11 dollars into the goods, 15 yuan sold, a total of three pieces sold out.

A few months later, Mr. Chen found in Taobao search "Fang Nai", Search no goods, about "Fang Nai" products are not allowed to continue to sell on Taobao. Later, he noticed Taobao Mall opened a "Fang Nai son" flagship store.

At the end of 2009, Mr. Chen received a letter of attorney to the effect that he sold counterfeit "Fang Nai" goods, infringing the exclusive right of registered trademarks. He thought it was a fraudulent blackmail letter.

Until early September this year, Taobao Headquarters customer service staff to call him, let him and the company to conduct related negotiations.

Mr. Chen realized that "something was wrong". "I dare not contact them, I searched the internet, and found that a lot of people like me, are asking for compensation tens of thousands of, I afford." Mr. Chen said, he sold 3 pieces of goods to earn more than 10 yuan, to compensate for tens of thousands of yuan is really afford.

In Yongkang such as he received the notice of nearly 200 shops, we also set up a QQ group.

Mr. Zhu, who came with Mr. Chen, received a Jinhua intermediate http://www.aliyun.com/zixun/aggregation/31896.html in August this year. "The summons of the People's Court of >, which says that the case is a dispute over trademark infringement." "They want me to pay 100,000 yuan, November 19 in Jinhua Chinese court." Mr. Zhu said that there was also a civil pleadings.

In this respect, Mr Zhu looked very depressed, "if the prosecution two years ago, I can go back to the home, now, I can't even find the evidence." ”

The court has accepted a group of similar cases

Reporters from the Jinhua Intermediate People's Court learned that, recently, they have received a group of companies on the trademark infringement case. "A few cases have already been tried, but there is no verdict. This series of cases is more extensive and still in trial. A judge said.

Reporter in Chen several people purchase hardware City two of a few street stroll a lap, has not found the sale of "Fang nai son" underwear shop.

Guangzhou Garments Co., Ltd. in charge of the case, Miss Yang told reporters that the beginning of 2009, there are consumers with inferior products to Fannai company returned, these counterfeit products are mostly online shopping. This kind of thing more and more, the company decided to defend rights.

"At first we communicated with the shop on the Ali, but many shops did not believe it." Miss Yang said, to these shops, the company had to ask lawyers to the infringement products notarized purchase, they have a total of 1045 sales of counterfeit "Fang Nai" brand underwear Taobao store evidence.

"We intercepted screenshots of the shops and got a series of evidence of their logistics, shipments and sales records," he said. Ms. Yang said that with the evidence, they can communicate with Taobao, and then issue a letter of attorney.

After the letter was issued, many stores replied, "We have reached a settlement with many shopkeepers." "said Miss Yang.

During this period, they and the store is a family communication, the workload is very large, communication found that many stores are not aware of, but also some shops not only fake sales. "If we can't negotiate, we can only sue the court." ”

As to why the current prosecution of Jinhua store, Miss Yang explained, on the one hand, so many stores in the country are often not connected, on the other hand, the case in the country need time, in addition they are still waiting for the verdict case.

Zhejiang high hopes law firm Rubang Lawyer: Judge Mr. Chen's behavior constitutes the trademark infringement and undertakes the compensation responsibility, the key lies in Mr. Chen in the shop sale "Fang Nai" the body underwear, whether belongs to the counterfeit registered trademark commodity, if does not belong to the counterfeit trademark commodity, does not constitute the infringement , if it is a commodity infringing the exclusive right of a registered trademark, Mr. Chen's conduct is suspected of violating the exclusive right of "Fang Nai" registered trademark and shall be liable for compensation under the law.

Even if Mr. Chen sells "fang Nai" plastic underwear is a infringing commodity, if Mr. Chen does not know that the sale of "Fang Nai" plastic underwear is infringing the exclusive rights of registered trademarks of goods, and can prove that the goods are lawfully obtained by themselves and the provider, you do not have to bear the liability.

Jinhua Trade and Industry bureau Director Wu Chengwen: There will be such violations, to a large extent, because the online shop is not selling the same product under the net. The show is true, the customer is the other goods.

If the industry and commerce registration, the occurrence of infringement incidents we will conduct investigation penalties. Underwear products do not belong to the required registration scope. is not part of the regulatory scope of the business sector, can only be monitored by the network platform.

In this respect, Taobao Market business Hotline customer service small Two "hit incense" told reporters that Taobao's punishment, but also limited to the baby, shops, accounts three ways. Delete the baby, shielding shop or account deduction, there is no other punishment method.