real case scenario

The clothing designed and produced by a certain clothing company is mainly sold on online platforms. Several styles of clothing have become popular items, with monthly sales reaching more than 100,000 pieces. Due to insufficient inventory, the products are out of stock. Company A immediately organized production and increased inventory; however, the merchants who originally purchased goods from Company A did not continue to purchase goods from Company A, resulting in a backlog of Company A's products; at the same time, there were still large sales in the market, which were in line with the company's designs and designs. The exact same clothing, the market retail price is only 50% of the clothing sold by Company A.

Company A becomes aware that identical garments that are not produced by Company A are on the market.

Difficulty Index: ⭐⭐⭐⭐⭐

Regarding the situation of Company A, we found that Company A designed its clothing fabric patterns in-house and owned the copyright of art design; the patterns in the fabrics of the same color clothing on the market infringed Company A's copyright in pattern design.

Based on the above, our company cooperated with a professional brand rights protection law firm to require Company A to provide the original draft of the fabric pattern design as evidence of copyright ownership; at the same time, after fixing the evidence of online stores with the same color fabric and clothing, we filed a lawsuit with the People's Court.

Require:

1. Stop selling clothing that infringes the copyright of art works

2. Compensate for the economic losses caused to the right holder due to infringement;

During the specific implementation process of the plan,

After receiving the notice of response from the court, the store selling infringing clothing paid corresponding compensation to Company A based on the sales volume recorded in the backend of the store;

At the same time, since most of the stores are old customers of Company A, Company A has also forgiven the stores for their infringement. The infringing stores have also promised not to sell infringing clothing and to purchase all goods from Company A in the future.

After nearly three months of intensive litigation, the infringing products have basically disappeared from the market, all sales of related products have returned to Company A’s merchandise department, and Company A’s products have returned to normal sales.

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

Article 3 of the Copyright Law: The works referred to in this law include works of literature, art, natural science, social science, engineering technology, etc. created in the following forms:

(4) Fine arts and architectural works

Article 10 of the Copyright Law: Copyright includes the following personal rights and property rights:

(5) The right of reproduction, that is, the right to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, reproducing, etc.; (6) The right of distribution, that is, providing it to the public by selling or donating it The right to originals or copies of the work;

Article 52 of the Copyright Law: Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as ceasing the infringement, eliminating the impact, making an apology, and compensating for losses:

(1) Publishing his or her work without the copyright owner's permission; (5) Plagiarizing other people's works; (7) Using other people's works and failing to pay remuneration that should be paid;

Article 54 of the Copyright Law: If a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder in accordance with the actual losses suffered by the right holder or the illegal gains of the infringer; the actual losses of the right holder or the illegal gains of the infringer are difficult to If calculated, compensation may be given with reference to the royalties.