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A: There are many fake and low-priced stores selling our company's products on Moubao.com and Bingxixi.com, which has a great impact on our company's sales market. There are more than 30,000 links. Complain to the platform and it will be difficult to eliminate the link according to the platform rules. Is there any legal way to deal with it?
B: The characteristic of products sold on Internet e-commerce platforms is that they need to use "trademarks" to attract traffic. That is to say, these stores need to use "trademark" as a "keyword" for search links to sell goods; this use of "trademark" in commercial activities for selling goods constitutes Article 48 of the "Trademark Law" stipulated "Trademark Use". According to Article 57 of the Trademark Law, the use of a trademark without the permission of the trademark owner constitutes trademark infringement. Those who infringe the exclusive rights of a registered trademark shall bear the legal responsibility to stop the infringement and compensate for losses according to law.
In the following year of handling this case, our firm successively filed more than 1,100 civil lawsuits for trademark infringement in courts across the country, with infringing store operators as defendants. More than 500 defendants paid compensation to the plaintiff and made unreasonable settlements. Commitment to re-infringe; there are more than 500 remaining cases, although they are in different litigation procedures, but the infringing links of the stores involved have been removed from the shelves. On Taobao, Pinduoduo, 1688 and other websites, infringement has been basically prohibited.
***The infringing store provided false purchase vouchers or authorization documents. Since the platform was unable to verify the authenticity of the documents, the complaint could not be successful.
A: There are many fake and low-priced stores selling our company's products on Moubao.com and Bingxixi.com, which has a great impact on our company's sales market. There are more than 30,000 links. Complain to the platform and it will be difficult to eliminate the link according to the platform rules. Is there any legal way to deal with it?
B: The characteristic of products sold on Internet e-commerce platforms is that they need to use "trademarks" to attract traffic. That is to say, these stores need to use "trademark" as a "keyword" for search links to sell goods; this use of "trademark" in commercial activities for selling goods constitutes Article 48 of the "Trademark Law" stipulated "Trademark Use". According to Article 57 of the Trademark Law, the use of a trademark without the permission of the trademark owner constitutes trademark infringement. Those who infringe the exclusive rights of a registered trademark shall bear the legal responsibility to stop the infringement and compensate for losses according to law.
In the following year of handling this case, our firm successively filed more than 1,100 civil lawsuits for trademark infringement in courts across the country, with infringing store operators as defendants. More than 500 defendants paid compensation to the plaintiff and made unreasonable settlements. Commitment to re-infringe; there are more than 500 remaining cases, although they are in different litigation procedures, but the infringing links of the stores involved have been removed from the shelves. On Taobao, Pinduoduo, 1688 and other websites, infringement has been basically prohibited.
***The infringing store provided false purchase vouchers or authorization documents. Since the platform was unable to verify the authenticity of the documents, the complaint could not be successful.
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