Scrape off the security code when selling

Scratching and non-scratch codes are the key to distinguishing genuine products from fakes.

The code refers to the regional code, because brand products are sold by regional agents. In order to prevent the circulation of goods, the company will print the area code on each product. Much of the code is hidden from consumers.

When selling on e-commerce platforms, in order to prevent brands from tracing the source of goods, low-price stores will destroy the anti-counterfeiting code on the outer packaging of the product when selling the goods. This phenomenon is very common.

Since the products being sold are genuine, the platform does not consider this behavior to be an infringement, which leads to brands hating this behavior but being helpless.

Take the following approach:

After notarizing the purchase of scratch-coded products and confirming that the product's anti-counterfeiting code has been destroyed and cannot be identified,

1. File a civil lawsuit on the grounds that "the anti-counterfeiting mark cannot be recognized and is confirmed to be an infringing product"; the infringing store will face the following litigation strategies during the process of responding to the lawsuit:

A. Provide evidence to prove that the product has a legal source and is genuine.

B. Without providing evidence, the court found that the defendant had infringed the law.

The defendant's above response strategy can be achieved regardless of the purpose of brand A or B to find the source of goods or stop infringement.

Advantages: high success rate,

Disadvantages: Litigation costs are high and efficiency is low. When faced with a large number of infringing stores, it is difficult to carry out on a large scale.

Screenshots of web pages were taken as evidence and a civil lawsuit was filed for trademark infringement.

The response strategy available to the defendant is still A or B

Advantages: Low litigation cost, high efficiency, suitable for situations where there are many infringing stores.

Disadvantages: For example, some court judges will not support this litigation point of view in trademark infringement cases where no physical goods have been purchased. There is a certain percentage of failure rate.

friendly reminder

In view of the above two methods of evidence collection, each has its own advantages and disadvantages; it is recommended that when formulating a specific treatment plan, the two methods should be used in combination according to the situation to improve the success rate of cracking down on infringing stores.