Group Buying "Le Kark" Is Suspected Not Genuine.
Recently, some consumers reported to the newspaper that the low price launched on the tick group website.
Group buying
Famous brand "Le Kark" travel
shoes
Products purchased
quality
Unsatisfactory, through the identification of the exclusive right holder of the brand trademark and the Licensee in the mainland, the goods purchased by the consumers on the group purchase website are counterfeit products.
Group buying goods suspected of counterfeiting genuine products
"Purchased a pair of genuine travel shoes at a price equivalent to eighty percent off of the market price. After receiving the goods, we found that there was no information except the trademark on the certificate of production. I feel the shoes are not authentic."
In April 4th, Mr. Hao, a consumer in Hangzhou, Zhejiang, told reporters that in March 12th, he bought a pair of French cock "Le Kark" travel shoes at the group buying website tick group, and received the goods from the website in March 18th.
After discovering the problem of commodities, Mr. Hao contacted the customer service staff of the tick group and was told that the shoes were "acceptable to the original store inspection, not counterfeit products".
Later, Mr. Hao and the "Le Kark" trademark were contacted by the Ningbo music Kark Clothing Co., Ltd. (hereinafter referred to as the Ningbo music Kark company) in the mainland of China, and the traveling shoes were purchased to each other.
After inspection by Ningbo music Kark company and by the "Kark" trademark exclusive rights company, Mr. de Sant confirmed that Mr. Hao's purchase of this type of travel shoes is not authentic.
In the webpage screenshot of Mr. tick's "happy Kark" travel shoes on the day provided by Mr. Hao, the reporter saw that the tick group said, "99 yuan package post rush to buy the original price of 480 yuan," walking net "French cock LeCoqSportif travel shoes.
100% genuine guarantee ".
Mr. Hao said, with the mailings sent to him by the travel shoes, the inscription was "Shenzhen Xiu Xiu Network Technology Co., Ltd.".
"Tick" and "Xiu Kark" released and sold "Le Kark" shoes have not been authorized by "Le Kark" trademark owners in mainland China, and the products sold are identified as counterfeit products. We will immediately report to the industrial and commercial authorities and reserve the right to investigate the two websites' legal responsibilities.
In April 11th, Kark, Yang Guang, the brand manager of Ningbo Le & Co., told reporters that the company was suspected of trademark infringement because of the authorized use of "Le Kark" in Chinese, English and graphic trademarks and selling related products in the mainland China.
Yang Guang said, "Le Kark" brand merchandise only stores and Taobao official store two sales channels, the company has never authorized any website to buy group behavior.
In addition, the official "Le Kark" commodity tag, that is, the product certificate, is marked with "color, size, composition, implementation standards, production site" and other related product information.
In April 11th, Ningbo music Kark company provided the "happy Kark" travel shoes to the reporter.
The reporter saw that the black tag hanging from the travel shoes was only "LeCoqSportif" in character and graphic logo, and the upper part had already been opened.
The website says the product is "guaranteed".
In April 14th, the reporter entered the show network and found that he was still selling Mr. Kark's "travel shoes" bought by Mr. Hao.
Judging from its pictures, the website's "Le Kark" shoes are the same as the tick group purchase.
Reporters check the tick group March 12th "Le Kark" travel shoes group purchase information, found that the number of buyers of the travel shoes finally locked in 1858 people.
On the tick group website, the reporter learned that the tick group belongs to Beijing today's Urban Information Technology Co., Ltd., which has been publicizing in the website that it has been certified by multi sectoral website.
Kark, the sole trademark owner in mainland China, said that the "Le Kark" travel shoes sold by tick group and Xiu Xiu net are counterfeit products. What are the claims of the two websites?
"Our group bought the French cock" Le Kark "travel shoes have the corresponding power of attorney, guarantee is one hundred percent genuine.
In April 12th, Huang told reporters that the tick group had a strict audit process for the group buying businesses, and the corresponding authorization standards for the commodities and the agency were issued. It is impossible to publish the information about group buying of counterfeit goods.
Chen Yijia, the head of the public relations department, told the reporter, "our company sells' Le Kark 'goods from a Hongkong company.
This company is a branch of an enterprise in Argentina. The Argentina enterprise is authorized from the Holland Rotterdam 'LCSinternationalB.V.' company, the owner of "Le Kark" trademark, to produce and sell "Le Kark" related products on a global scale, so the "Kark Kark" shoes we sell are guaranteed to be genuine products.
Subsequently, Chen Yijia faxed the authorization and sales agency contract to the reporter, and restated that the products sold were not counterfeit products.
Trademark holder declares website sale
The reporter inquired and understood that the brand of "lecoqsportif and rooster pictures" originated in France. According to the proof issued by the French National Industrial Property Office in August 20, 2008, the French "CAMUSET" company obtained the 1108947th trademark registration in France in 1979, which is in line with the trademark of "lecoqsportif and cock chart" of Desanto of the company. The trademark is now owned by the French SARRA-GANFRANCE Limited by Share Ltd.
In July 23, 1979, the French CAMUSET company pferred the "lecoqsportif trademarks (words and signs)" in China, Japan and other countries in the Southeast Asian region to the Swiss SARRAGANSA company.
In December 22, 1990, the Swiss SARRA-GANSA company pferred the trademarks and their rights to the company's company.
In April 15th, the reporter learned from the Trademark Office of the State Administration for Industry and commerce that "Le Kark" is a registered Chinese, English and graphic trademark in China, and is a product of the footwear company.
In China, the authorized agency to use the trademark is Ningbo Le Kark company.
In April 13th, Desanto commissioned the Beijing Liu Shen law firm to send a statement to our newspaper reporter, saying that "the footwear product of the trademark Beijing (lecoqsportif) and" graph "trademark, which is sold by the Beijing Municipal Information Technology Co., Ltd. through the tickled group, has been identified as counterfeit goods sold by the Shenzhen Xiu Xiu Network Technology Co., Ltd., which sells the footwear with the trademarks mentioned above.
According to the relevant legal profession, according to the relevant provisions of the fifty-second law of the trademark law, without the permission of the trademark registrant, the same or similar trademark is used on the same commodity or similar commodity, and the sale of goods infringing the exclusive right to use the registered trademark is a violation of the exclusive right to use the registered trademark.
As an intellectual property right, trademark right has regional characteristics. In the Chinese mainland area, the company is entitled to exclusive use of trademarks such as "lecoqsportif and map" and "graphics" on twenty-fifth types of footwear and other commodities.
Even if the company is authorized by a foreign enterprise, it can only use the authorized trademark in the trademark registration of the authorized enterprise.
In April 15th, Pi Xiaolin, deputy director of the China Consumer Association complaints department, told reporters that at present, some problems of beauty, hairdressing, fitness, catering and other service information published by the group buying website have attracted the attention of the relevant parties.
Because the management of group buying websites involves many law enforcement departments, consumers need to coordinate their handling after complaints. Under such circumstances, it is very difficult to resolve such disputes.
How to check the quality of group buying products, how to identify the authenticity of group buying products, and how to protect intellectual property rights in online commodity trading, also need further discussion by relevant departments.
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