Thousands Of Stores Sell A Clothing Trademark Fake &Nbsp; &Nbsp; Taobao Is Sued For Compensation.

Because a flagship store was suspected of selling infringing goods, Guangzhou Fangna Clothing Co., Ltd., together with the online store and Taobao, went to the Tianhe District court, demanding compensation of 500 thousand yuan and apologizing to the newspaper.

The clothing company said there were about 4000 Taobao companies.

This is the third lawsuit filed by the company after Beijing and Wuhan filed lawsuits against counterfeiting rights.

Fangfang Garments Co., Ltd. of Guangzhou prosecuted that "fangnaer" was registered in the National Trademark Office in 2003, and is one of the ten brands of the body and underwear industry in China.

In September 28, 2009, Guangzhou Fangna Clothing Co., Ltd. obtained exclusive use right of "Fang Naer" trademark.

According to the company, since December 2009, consumers have received complaints about counterfeit goods. Through its own investigation, Taobao has found more than 4000 online stores selling the brand's infringing products.

In the same month, "Fang Naer" first offered 110 online shops suspected of selling fake products to the Taobao network infringement center, and 35 of them were punished by Taobao.

Subsequently, "Fang Naer" voluntarily notarized to buy fake goods. The Guangzhou Baiyun notary office and Guangzhou Southern notarization office respectively issued 1045 "Notarization books on Taobao's selling shops", and intend to launch the "rights protection" lawsuit in the whole country.

"Fang Naer" believes that Taobao and the online stores are "interest communities". They have repeatedly complained about the request of "Fang Naer" to delete the relevant pages of infringing products.

"This is just the beginning."

Liu Ying, a professor at the Law School of Jinan University, who has been studying the Internet and e-commerce law for 15 years, thinks that online shopping is a challenge to both sides.

For trademark owners, the difficulty lies in how to determine the corresponding subjects of online stores in the real world. For a web service provider or online trading platform such as Taobao, facing massive amounts of information, it is difficult to conduct pre censorship in advance to determine whether online stores have information about infringement of intellectual property rights.

Liu Ying believes that if Taobao knowingly or should know the existence of infringing acts, still provide network services and online trading platform, resulting in the expansion of infringement results, it should bear indirect infringement liability.

Encouragement

Court trial

Plaintiff: Taobao refused to delete infringing webpage

Defendant: complaints can be processed.

Yesterday morning, the case was held for the first time in the Tianhe District court.

As the first defendant in the sale of counterfeit goods, Taobao shop, "the charming lady" flagship shop no one appeared in court, "Fang Naer" and the second defendants "Taobao network" in the court to form "two armies against each other".

"Fang Naer" claims that the flagship store is a store built by Taobao's own brand, and "no other brand products can be sold".

The "charming lady" did not have the authority to sell the products of "Fang Naer" in the name of flagship store, and deliberately changed "Fang Nell" to "Fang Nai", which caused great damage to the brand reputation.

"Fang Naer" thinks that Taobao sells its infringing products to the "flagship store" by flagship store, and fails to examine the obligations before it. Afterwards, it learns that infringement exists but does not actively deal with it.

"Fang Naer" said that since December 6, 2009, there have been various ways to inform shops in Taobao that shops sell a lot of fake and inferior commodities of counterfeit "Fang Naer", but Taobao refuses to delete relevant infringing pages.

"Fang Nell" provides evidence that a genuine body underwear sells for 298 yuan, but the price of each item is only 39 yuan in the "beauties" flagship store. "Each of them loses us at least 200 yuan". According to this, Fang Yuan claims 500 thousand yuan on the basis of 77 pieces of monthly sales and 3251 pieces of inventory, and asks for an apology in two newspapers.

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In response to the accusation that the flagship store "sold the holiday" and did not act, Taobao responded that because of the huge amount of data in the network paction, the sales of online products are also constantly upgrading. As a party providing the network sales platform, the law has not stipulated that in fact, it is impossible for the seller to conduct pre examination of the sales commodities.

"Fang Naer" said that it had "informed" in various ways. Taobao said that it received a complaint from Fang Naer about infringing goods in September 8, 2009, and promptly deleted the link address provided by the complainant after verification.

"Fang Naer" believes that the measures to delete this link are not "positive". "As long as there is a new link address to be uploaded again," Yang Yonghua believes that Taobao should take full technical measures to "prohibit the sale of all infringing products".

However, Taobao said it could only delete the complaint in time, and did not provide links to complaints.

In court, Taobao pointed out that after the notarization of the 1045 suspected online shops have all been deleted.

It is understood that in November 3, 2010, Taobao made urgent measures to suspend the sale of brand underwear.

Prior to this, due to "Fang Naer" complaints, Taobao has also verified the punishment of the "Taobao first big shop" known as "lemon green tea".

Taobao pointed out that in accordance with Taobao rules, the complainant has definite evidence that the seller sells the counterfeit goods, which will deduct the seller's 12 points at a time, and then close the store when the 48 points are deducted.