JACK&JONES, The World'S Major Brand New Road To Defend The Shanzhai Official Website

Jack&Jones (JACK&JONES), ONLY, VERO MODA...

These clothing brands are young people.

In April 26, 2011, JACK&JONES's rights company in China bestseller.

"In 2008 alone, sales of clothing known as JACK&JONES's original brand on Taobao network amounted to 370 million yuan, but none of these garments was the real JACK&JONES of the company."

The head of the company is hard to conceal anger.

The unprecedented prosperity of the "Shanzhai" market has finally threatened the quality and credibility of genuine JACK&JONES. The "Shanzhai" official website has established a low price system. Compared with genuine JACK&JONES, it is like forming a "differential rent". Its profit space is increasingly broad. While the real sales channel of genuine JACK&JONES has been squeezed increasingly narrow, the image set up in the brand clothing market has become chaotic.

"Official website" grey economy

Think about buying genuine products on JACK&JONES's official website? Then Baidu.

But the search results were unexpected. The top ten so-called JACK&JONES official websites are no less than www.jackjonescn.net, of which the most attractive ones are people.

The website is ranked first or second on the first page of Baidu website, Google network and YAHOO China website. Besides the "J&J" files, "fashion trend", "FANS club", "discount stores" and other fashionable columns, the website also contains high-definition official photos of JACK&JONES men's wear, and the history, products, design concepts and development history of JACK&JONES brand.

Through Alipay and bank pfer and remittance, consumers who love fashion and brand can buy it.

However, the above content is just a representation.

After receiving the goods, the expectant consumers found that the JACK&JONES clothing purchased on the official website had no comfortable price and a comfortable hand feel and pleasant workmanship.

This is not the safe shopping port that they imagined.

They do not know that the domain name registrant of this website is not JACK&JONES's owner, the company but a natural surname.

In April 11, 2007, Mr. Du registered the jackjonescn.net domain name and then launched the website with the domain name.

The amount of information involved in this "Shanzhai" website is amazing.

The information provided by Alipay showed that the other responsible person of the website, Ms. Cui, opened an account in the company. From the beginning of January 2008 to the beginning of February 2010, the account sold more than 1.6 thousand copies of JACK&JONES clothing, and the total amount of successful pactions amounted to 2847169 yuan.

The chief executive of the company once thought that the official website was originally established by merchants in order to better publicize their products and develop second sales channels outside the physical store.

He did not expect that the brilliant "Shanzhai king" could easily infringe on trademark rights and induce consumers by using the fictitious nature of e-commerce, and it has become a huge black economic chain parasitic on official websites.

Game in court

This is doomed to be a contest with visible results.

In May 27, 2010, the Haidian court heard the case.

The viewpoint that the company runs through the whole process of litigation is that the defendant's behavior has greatly induced the consumers, on the other hand, he has seriously infringed upon his trademark right and caused enormous economic losses to him.

The company that has been stationed in China for 12 years and has opened 1011 stores in China has insisted that the defendant immediately stop using the registered trademark of the plaintiff and stop selling the clothing that infringes the exclusive right of the plaintiff's registered trademark, immediately stop infringing upon the exclusive right of the plaintiff's registered trademark, and immediately shut down the www.jackjonescn.net website named JACK JONES Chinese net or JACK&JONES Chinese website or JACK&JONES official website.

Ms. Cui admitted that the clothing sold on her website came from the wholesale markets.

The court of Haidian confirmed that Ms. www.jackjonescn.net, who was actually responsible for the ICP website, was registered in April 28, 2008.

At the same time, the court found that the domain name of www.jackjonescn.net website is very similar to the plaintiff's "JACK JONES" trademark. The website also uses a logo similar to the plaintiff's trademark to publicize, introduce, display, exhibit and advertise its website products.

In addition, by using the same or similar words in the headers and tabs of the website's source program, search engines such as Google, Baidu, YAHOO and other search engines use JACK&JONES or JACK&JONES website to search for keywords.

Finally, the request of the company was supported by the court.

New way to protect international rights

But before that, the rights protection path of the company was not easy.

Zhang Bin, an attorney for JACK&JONES, said: this kind of tort is very concealed. Because of the fictitious nature of online shopping, it is difficult to determine the subject of infringement.

There are hundreds of websites that infringe famous brands, especially big international brands. It is not easy to prosecute these websites from cost and energy.

In addition, even though it has been in China for 12 years, the company has no experience in combating network rights protection.

The claim must first prove the loss caused by the other party, which is mainly determined by the amount of the infringing product sold by the other party.

If it is a physical shop, the court may refer to the data on the invoice and tax records of the other party in the trial.

But these data do not exist in the virtual shop.

"This undoubtedly leads to many brands who do not know much about Internet sales channels and ways to beat counterfeit products."

Zhao Ying, a member of the Shanghai Law Association's Information Network Law Research Association, has long been concerned about the dynamics of e-commerce.

But the company undoubtedly wrote a fake sample: we spent a lot of time finding Alipay company, and then got the sales amount involved.

Yang Dejia, chief judge of the case, told reporters that the sample significance of the case also lies in the fact that it is a typical trademark infringement case by setting up a network store to sell the infringing clothing through the registered domain name, and for the first time in the judiciary, it is clear that providing the domain name behavior belongs to the act of providing convenience and help for the infringement. It is the first time that the domain name holder and the actual user of the domain name shall be jointly and severally liable. The judgment will have a good demonstration effect for solving similar disputes in the future.

In China's clothing jungle market, the international big brands' network counterfeiting has sounded the bugle.

Beyond the end of 2009, the French skin care product Avene started a cyber fraud operation.

Avene sent a letter to Taobao, calling for Taobao to take measures to stop trading Avene products on Taobao trading platform.

Soon, another famous French clothing brand, Pierre Cardin, also sent a letter to Taobao, claiming that he had never authorized sale on the Internet by Pierre Cardin's down jacket, trying to eliminate the selling channels of "online shopping".

"A new trend is that the infringement of trademark rights has shifted from the entity store operation to the network operation mode."

Yang Dejia, chief judge of the case, told reporters that this case has brought many beneficial enlightenment to the trademark protection of the international big brands. With the development of e-commerce, trademark infringement will increasingly appear in the form of integration and new typization, which will bring new considerations to the market strategy of international big brands.