Clothing fabrics and colors are being counterfeited, how to protect your rights?

Briefing

A certain rights company specializes in the design, production, and sales of clothing. The clothes it designs are mainly targeted at consumers on Internet e-commerce platforms. Many of the clothing designs have become popular items and were once out of stock on the e-commerce platform; soon the rights company discovered that e-commerce platforms A large number of identical clothing appeared on the shopping platform, and the product prices were much lower than the company's products; the company believed that the identical products appearing on the market were imitations. I hope this kind of selling of counterfeit clothing will be stopped and punished.

Case analysis

1. The clothing belongs to summer "sun protection clothing", and the style of clothing is relatively simple. Although the infringing clothing is exactly the same as the clothing of the copyright company, the "clothing style" does not fall within the scope of legal protection;

2. The pattern and color of the fabric of the rights clothing is quite special. The company designs the pattern by itself and entrusts the printing and dyeing factory to customize the production. There is no fabric of the same pattern for sale on the market.

Based on the above situation, our company decided to start this case with the protection of the copyright of the artistic work of the fabric pattern. We asked the rights company to provide the original draft of the art design to prove that we owned the copyright of the artistic work of the fabric pattern. By filing a civil lawsuit with the People's Court, the counterfeit clothing infringes upon the reproduction rights of the art works, demanding an end to the infringement and compensation for losses.

implementation plan

Our firm uses a combination of web page screenshots and purchase notarization to collect evidence against e-commerce stores that sell infringing clothing; we file civil lawsuits against stores for copyright infringement.

During the litigation process, the infringing stores had no objection to the fact that they sold infringing clothing; all stores removed the infringing products to compensate the rights companies for their losses.

Reminder:

Internet infringement has low costs and large quantities; efficiency in stopping infringement is the key. Infringing products similar to this case have strong seasonality, so it is necessary to file stop lawsuits in a timely and efficient manner.

Legal basis:

Article 3 of the Copyright Law The works referred to in this Law refer to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:. . . . . . (4) Fine arts and architectural works;. . .

Article 10 Copyright includes the following personal rights and property rights:. . . . . (5) Right of reproduction That is, printing, copying, rubbing, etc. . . . The right to provide originals or copies of works to the public by other means; (6) Distribution rights, that is, the right to provide originals or copies of works to the public by way of sale or donation; . .

Article 52 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses: (1) Publishing his work without the permission of the copyright owner; . . . (7) Remuneration should be paid for using other people’s works but has not been paid;