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In the face of trademark infringement and the sale of counterfeit goods, the cosmetics industry should protect its rights correctly.
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Trademark infringement refers to the perpetrator's use of a trademark that is identical or similar to his registered trademark on the same or similar goods without the trademark owner's permission, or he interferes with or hinders the trademark owner from using his registered trademark and damages his legitimate rights and interests.
Product Details

What is trademark infringement:

Trademark infringement refers to the perpetrator's use of a trademark that is identical or similar to his registered trademark on the same or similar goods without the trademark owner's permission, or he interferes with or hinders the trademark owner from using his registered trademark and damages his legitimate rights and interests.

real case scenario:

A company has cosmetics brand products with good sales. The products are mainly sold on Internet e-commerce platforms. However, Internet e-commerce platforms (Taobao, Pinduoduo, JD.com) have a large number of fakes and low-priced products, which have a great impact on normal product sales, accounting for almost 30% of product market sales.

Moreover, the company's product is sunscreen, and its market sales are highly seasonal. If it cannot effectively crack down on infringements in May, June, and July, it will have a great impact on sales throughout the year.

Difficulty Index: ⭐⭐⭐⭐

In response to the particularity of the company's situation, the team formulated the following solutions:

When filing a lawsuit, a notice of prosecution will be sent to the infringing store, requiring the other party to stop infringement. At the same time, the other party will be held accountable for compensation through the courts.

The above methods can not only stop the infringement in time, but also achieve the purpose of financially punishing the other party.

From accepting the commission to basically stopping the infringement, it took one and a half months to open more than 20 stores (including fakes and low-price products). The company's sales market this year has basically not been affected by online trademark infringement.

*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;

In the face of trademark infringement and the sale of counterfeit goods, the cosmetics industry should protect its rights correctly.

In the face of trademark infringement and the sale of counterfeit goods, the cosmetics industry should protect its rights correctly.

share

Share to WeChat

×
Trademark infringement refers to the perpetrator's use of a trademark that is identical or similar to his registered trademark on the same or similar goods without the trademark owner's permission, or he interferes with or hinders the trademark owner from using his registered trademark and damages his legitimate rights and interests.
17351277880
Product Details

What is trademark infringement:

Trademark infringement refers to the perpetrator's use of a trademark that is identical or similar to his registered trademark on the same or similar goods without the trademark owner's permission, or he interferes with or hinders the trademark owner from using his registered trademark and damages his legitimate rights and interests.

real case scenario:

A company has cosmetics brand products with good sales. The products are mainly sold on Internet e-commerce platforms. However, Internet e-commerce platforms (Taobao, Pinduoduo, JD.com) have a large number of fakes and low-priced products, which have a great impact on normal product sales, accounting for almost 30% of product market sales.

Moreover, the company's product is sunscreen, and its market sales are highly seasonal. If it cannot effectively crack down on infringements in May, June, and July, it will have a great impact on sales throughout the year.

Difficulty Index: ⭐⭐⭐⭐

In response to the particularity of the company's situation, the team formulated the following solutions:

When filing a lawsuit, a notice of prosecution will be sent to the infringing store, requiring the other party to stop infringement. At the same time, the other party will be held accountable for compensation through the courts.

The above methods can not only stop the infringement in time, but also achieve the purpose of financially punishing the other party.

From accepting the commission to basically stopping the infringement, it took one and a half months to open more than 20 stores (including fakes and low-price products). The company's sales market this year has basically not been affected by online trademark infringement.

*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;

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