What Is The Responsibility Of Imitating Big Name Clothing Production Sellers Suspected Of Infringing Trademark Rights?

Imitation

Common clothing counterfeit products are mainly the following: first, the "original single" goods, that is, foreign brand manufacturers commissioned by Chinese manufacturers processing, production, in order to ensure the number of qualified products, manufacturers often produce more than 3% of the clothing as stock, to make up for the unqualified products in the order, the only difference between such goods and "genuine goods" is simply "out of the ordinary", or because of various problems, the brand is rejected by the brand.

The two is the "finished goods", that is, some manufacturers will process the remaining fabric and leather materials of foreign brands, and sell them to clothing, shoes and hats, and this part of the products will not be tested by brand owners, of course, but not the official closing orders.

The three is "merchandiser" or "catch up" goods, that is, the small workshop, under the banner of "ending sheet" and "original single", uses the authorized version without authorization, and purchases and sells similar fabrics in China.

The "foreign trade products" sold on the market in China are the most.

The four is "junk clothing" and second-hand products, that is, some illegal traders will be found in the foreign garbage clothing, after a certain deal, once again sold to domestic consumers.

Producers and sellers are suspected of infringing trademark rights.

The 134th provision of China's civil law stipulates that the infringed party may ask the infringer to stop the infringement and compensate for the loss.

It is also stipulated that one of the following acts is a violation of the exclusive right to use a registered trademark: first, the trademark that is not the same or similar to the registered trademark on the same commodity without the permission of the trademark registrant; the two is the sale of the goods that infringe the exclusive right of the registered trademark; the three is the forging or unauthorized manufacture of the registered trademark of another person, or the sale of forged or unauthorized registered trademark marks; the four is the replacement of the registered trademark without the consent of the trademark registrant, and the replacement of the trademark's goods into the market; and the five is other damage caused by the exclusive right to use the registered trademark of another person.

According to the above legal provisions, the online and physical shops, whether it is "the same trade, the same work, the same quality inspection", the "foreign trade original" goods, or the "goods that are not alike", or the "junk clothes", have infringed the brand's exclusive rights and other rights to varying degrees. Brand dealers have the right to investigate the civil economic compensation liability of the producers and sellers of counterfeit brand clothing according to the relevant provisions of the general principles of the civil law and the trademark law.

In view of the amount of compensation, the trademark registrant may consult with the infringer. If the consultation fails and enter the civil claim procedure, the amount of compensation that the trademark registrant or interested party may claim is for the benefit gained by the infringer during the infringement period, or the loss suffered by the infringed party during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement.

Some sellers release photos of goods in WeChat, blogs and other social tools, but do not mark prices and do not make public pactions.

This "one to one" sales method has brought difficulties to relevant departments to verify illegal activities.

The illegal earnings are often estimated according to the same or similar income of the seller's Alipay bill or special bank card paction.

It is worth noting that when the quantity or sales amount of counterfeit brand clothing exceeds a certain standard, the producer or seller of counterfeit brand clothing should bear the corresponding criminal responsibility.

Extended reading

Consumers in the name of "original goods" in the name of the counterfeit goods, most of them are fabrics, defective workmanship, "documentary goods" or "imitation goods", or even "junk clothes". These products sometimes have problems such as excessive formaldehyde and excessive bacteria.

The sellers of these "problem clothes" are mostly foreign trade stores on line and scattered sales individuals.

If consumers buy genuine products with defective products, how should they protect their legitimate rights and interests?

According to the relevant provisions of China's consumer rights protection law and the product quality law, consumers have the right to know the goods purchased or used, or the true conditions of the services they receive, and have the right to require operators to provide prices, land, specifications, grades and other related conditions according to the different circumstances of commodities or services.

When consumers are injured by their legitimate rights and interests due to the purchase or use of commodities, they may demand compensation from sellers.

Where the responsibility lies with the producer or another seller that provides the commodities to the seller, the seller, after settling compensation, shall have the right to recover such compensation from that producer or that other seller.

And consumers or other victims may cause damages to the person or property caused by the defects of the goods, and they can also directly claim compensation from the producers.

If the consumer finds that the goods received are counterfeit, he may ask the seller to return the goods.

If the consumer is unlucky enough to get rid of the "junk clothes" in the process of "scouring the goods" and therefore be hospitalized for illness and health and property losses, the consumers can recover the "garbage producers" from the "garbage producers" who are processing the "garbage clothes" practitioners, or may also ask the sellers for compensation.

However, some consumers still know the phenomenon of "knowing fake buying fake", which requires relevant departments to strengthen governance according to the existing legal framework and purify the market environment.