Cosmetics field

A: Our company's products are being sold as fakes on e-commerce platforms, which has seriously affected our sales market. What should we do?

B : According to the relevant provisions of China's Trademark Law, using someone else's registered trademark on goods without the permission of the trademark owner constitutes an infringement of the exclusive right to use a registered trademark; selling goods that infringe the exclusive right to use a registered trademark also constitutes an infringement of registration. trademark exclusive rights. If your e-commerce store sells goods that infringe your company's exclusive right to register a trademark, you can file a lawsuit with the People's Court and ask the other party to stop the infringement and compensate for losses.

A: But our product is sunscreen, which is very seasonal. It is the peak season now, and the court proceedings take too long. Even if we win the lawsuit later, we will lose the market, and the loss will still be irreparable.

B: After completing the fixation of evidence, when filing a lawsuit with the court, inform the other party that the counterfeit selling behavior has been fixed by evidence; if the other party refuses to stop the infringement, the other party's malicious infringement can be submitted to the court, and the court will take action Infringements will be subject to heavier penalties; when filing a lawsuit, you can apply to the People's Court to obtain the sales records of the infringing stores from the e-commerce platform; the sales volume of the infringing products will become evidence of compensation for the economic losses caused to your company.

(One month later, all counterfeit stores discovered earlier were removed from the shelves)