real case scenario:

A clothing company's annual sales are about 3.6 billion, and its trademark is a well-known trademark. On the Internet e-commerce platform, it operates through licensed sales, and the company's trademark is not allowed to be used for commercial activities without the company's permission.

There have long been cases of unauthorized use of trademarks on various Internet e-commerce platforms (Taobao, Pinduoduo, 1688, JD.com). The main manifestations are:

1. Use registered trademarks in product names;

2. Use registered trademarks as keywords to search for links;

3. Use registered trademarks in store names or shopkeeper names;

4. Use of registered trademarks in promotional images.

There are more than 30,000 infringing links on each of the above platforms for a long time.

Difficulty Index: ⭐⭐⭐⭐⭐⭐

The existence of a large number of infringing links affects the company's normal operations in the following aspects:

1. Selling counterfeit goods directly damages business reputation and robs the sales market;

2. Sell similar products - clothing, but clothing that is not the company's trademark, and use the traffic generated by the trademark to attract customers;

3. Sell the clothing that has flowed out informally through the company’s formal channels and sell it online at low prices, disrupting product sales through normal channels.

In response to the above situations, our company has formulated plans to deal with different situations respectively:

1. For counterfeit goods, after fixing the evidence through notarial purchase, directly file a civil lawsuit with the People's Court.

2. In response to the behavior of attracting traffic and selling at low prices, and using the registered trademark for advertising without permission, which constitutes infringement, a civil lawsuit was filed with the People's Court to request that the infringement of use of the trademark be stopped.

After nearly a year, our company formulated a plan and organized professional lawyers to implement it. A total of more than 1,100 civil lawsuits were filed with people's courts across the country. The abuse of registered trademarks by various e-commerce platforms is basically prohibited.

*The legal terms used in the case are based on the following:

Article 48 of the Trademark Law: "The use of trademarks as referred to in this law... is the act of using trademarks in advertising, exhibitions and other commercial activities to identify the source of goods";

Article 57 of the Trademark Law: Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

(1) Using the same trademark as the registered trademark on the same kind of goods without the permission of the trademark registrant;

(3) Selling goods that infringe the exclusive rights of registered trademarks;