The Quality Of Counterfeit Clothing Is Higher Than The Four Elements Of Trademark Infringement And Trademark Infringement.

Fake

The quality is higher than that of the genuine product, or it has been reported, because the high quality clothing has used other people's registered trademark.

Someone is here.

Selling clothing with "RBWY" trademark infringes the exclusive right to use the trademark of Wuhan Asia Pacific Ding Feng Trading Co., Ltd.

After receiving this report, the business personnel rushed to Hanzheng Street.

It was found that the clothes sold by Zhang boss had "RBWY" logo, which was similar to the "RBWY" trademark of the registrant.

Industrial and commercial personnel were surprised to find that infringing clothing was found in the inspection.

Or workmanship, significantly higher than "RBWY raybey" genuine clothing.

Zhang also said that he has always attached importance to the quality and sales volume of clothes. He did not expect "RBWY Rui Bei Wei". As a trademark, he was registered by others at the beginning of this year.

For suspicion

Law enforcement officers have temporarily suspended 800 pieces of "high quality clothing" and the value is about 40 thousand yuan.

When the industry and commerce personnel further investigated and collected evidence, the informant suddenly withdrew the report.

The reason is that Zhang boss's company agreed to give some compensation to the informant. The informant also agreed to let Mr. Zhang have a "RBWY" logo for sale until October 31, 2012.

Trademark infringement meaning

Trademark infringement (TRADEMARK INFRINGEMENT): trademark infringement refers to: a person who uses the same or similar trademark with the registered trademark on the same or similar commodity without the permission of the trademark owner, or other acts that interfere or obstruct the trademark owner to use his registered trademark and damage the legitimate rights and interests of the trademark owner.

The infringer usually has to bear the responsibility of stopping the infringement. He who knows or should know that the infringer is liable for compensation.

If the circumstances are serious, criminal responsibility shall also be borne.

Four elements of trademark infringement

The following four elements constitute the infringement of goods selling counterfeit registered trademarks:

1) there must be an illegal act, that is, the seller has implemented the act of selling counterfeit registered trademarks.

2) there must be a damage fact, that is, the sale of counterfeit trademark goods implemented by the perpetrator has resulted in the consequences of damage to the trademark owner.

Selling goods that counterfeit others' registered trademarks will cause serious property damage to the rights, and will also bring about goodwill damage to the units that enjoy registered trademarks.

Whether property damage or goodwill damage is a fact of injury.

3) the offense is subjective and has fault, that is, the fact that the seller is a counterfeit registered trademark is known or should be known.

4) there must be a causal relationship between the illegal behavior and the damage consequence, that is, the relationship between the sales behavior of the wrongful person and the antecedents and consequences of the damage result of the trademark owner.