What are the difficulties and causes of Internet price control problems? Why can Zhongzhuozhi provide the best solution?

Many brands often encounter a situation where they complain to the platform many times about difficulties in safeguarding Internet rights and get no feedback. Even if they occasionally succeed, the merchant opens a new link within a few days and the product is on the shelves again. Repeated complaints have no results. , the road to rights protection is long.

Faced with such situations constantly happening, how does Zhongzhuozhi find out the root cause of the problem and provide appropriate solutions? Let us read on, starting with the difficulties and causes of Internet price control issues step by step …

Difficulties and reasons for Internet price control

In Internet sales, low and arbitrary prices are the norm and also a persistent problem. Since merchants are not selling fake goods, the platform does not consider low-price sales to be an infringement, and usually ignores complaints after complaints.

At the same time, there is no specific law prohibiting low-price sales at the legal level. Therefore, the judicial authorities believe that low-price sales fall within the scope of internal management of enterprises and do not fall within the scope of judicial enforcement.

But when the brand wants to hold the dealer responsible for breach of contract according to the contract, it must know which dealer breached the contract. In the sales process of low-price stores, the true source of the goods is usually deliberately concealed. Since the brand cannot know the true source of the low-price goods, it cannot hold the dealer responsible for breach of contract.

Due to the above reasons, low and arbitrary prices have become an "incurable disease" of online sales. Based on many years of experience in handling online rights protection, our company has studied and discussed with senior professional legal professionals and summarized the following legal solutions based on different situations:

1. Trademark infringement

The characteristic of low and random prices on the Internet is that the brand owner has registered trademarks and is used in product names so that consumers can find low-price links when searching using keywords.

Since the shops with random prices are not brand dealers, the use of a "registered trademark" is a trademark use, and the trademark owner can file a civil lawsuit with the People's Court on the grounds of "using a registered trademark without the permission of the trademark owner" , demanding that the infringement cease.

2. Unfair competition

In response to the situation where some brand owners' products are not distinguished by registered trademarks, but by using "name" as a significant distinguishing feature of the goods.

Our company suggests that in accordance with the provisions of the "Anti-Unfair Competition Law" on "unauthorized use of the same or similar logos as others' trade names, packaging, decoration, etc. that have a certain influence", the use of the same "trade name" constitutes unfair competition. For this reason, a civil lawsuit was filed to request an end to the infringement.

Possible consequences:

1. During the process of responding to the lawsuit, the defendant needs to provide evidence to prove that the source of the product is legal; the brand can obtain evidence of the agent's breach of contract and hold the agent responsible for breach of contract according to the agency agreement.

2. The defendant is unwilling to provide evidence to prove that the source of the product is legal. Due to the inability to provide evidence, the defendant will bear the adverse consequences of the case - stop infringement.

Both of the above results can achieve the brand's purpose of controlling low and arbitrary prices.

…………

Solve the problem from the root

The normal complaint process treats the symptoms but not the root cause and cannot completely solve the problem. In a country governed by law, we must seize the weapons of law to fight back and ensure our own rights and interests. Litigation in accordance with the law can solve the problem from the root cause and prevent the merchant's product links from being put on the shelves repeatedly.

The specific situation will be discussed and implemented in detail. When your brand encounters rights protection issues on the Internet, Zhongzhuozhi can help you provide a complete solution.