Introduction: There are various risks in the process of business management, one of which is the risk of “trademark infringement”. In this case, we investigated the counterfeit well-known brand electrical appliance suppliers and introduced the components of trademark infringement.
By chance, RedStar investigators found that suspicious people took out a large number of well-known brand batteries from the courier box when they visited the market. This action caught the attention of the investigation staff and learned according to the information on the courier box. To, the express delivery was issued by the Debon Sales Department of Huidong County, Guangdong Province, and sent to Guangxi.
After many investigations, the name of the courier contact person, Mr. Li, is the person in charge of Shenzhen Electronics Co., Ltd. The company operates a number of branded mobile phones, camera batteries, including Nikon, Canon, Casio, Samsung, Panasonic, Nokia and other well-known brands, and publish product sales information on multiple e-commerce websites.
After communicating with Mr. Li, Mr. Li’s factory can customize the battery of the famous brand and provide the service of printing trademarks. The goods are directly delivered from the Huizhou Huidong factory. The factory area is large. After understanding the preliminary information, Rhodes will immediately Conduct an in-depth investigation.
Through a field survey and big data search and screening, a Huidong factory was locked. The factory's business scope includes: production and operation of various types of computers, camera batteries and chargers, consistent with the type of infringing products, it is worth noting that the factory is only 4 minutes away from Debon Logistics, and the express logistics found in the original fakes. Consistently, the Huidong factory was initially suspected to be a supplier of counterfeit infringing products. At the same time, after verification with the brand owner, the factory is not a licensee of the brand. To find a counterfeit and inferior product processing factory, if you want to fully investigate the legal liability of the trademark infringer, you need to collect more powerful evidence.
1. There must be illegal activities, that is, the actor has implemented the sale of counterfeit registered trademark goods.
Mr. Li not only provides goods for offline stores but also sells fake and fake brand batteries on e-commerce platforms, which is already an act of selling counterfeit registered trademarks.
2. There must be damages, that is, the act of selling counterfeit trademark goods by the actor has caused the damage of the trademark owner. The sale of goods that impersonate another person's registered trademark will cause serious property damage to the rights holder, and will also bring damage to the goodwill of the unit that enjoys the registered trademark. Both property damage and goodwill damage are damaging facts.
Shenzhen Electronics Co., Ltd. sells counterfeit well-known brand products, and Huidong factory does not have the license of the trademark owner to make a variety of branded products with trademarks, which seriously infringes the trademark rights of brand rights holders and causes serious property losses, all of which constitute trademark infringements.
3. The offender is subjectively at fault, that is, the fact that the actor is a commodity that is a counterfeit registered trademark is known or should be known.
It is understood that Mr. Li has been selling for many years. During the negotiation process, Mr. Li also explicitly mentioned that he can provide services for printing different brands of trademarks, and actively informs which fake and fake brands have high sales volume. It is determined that Mr. Li is subjectively aware of the sale of counterfeit and shoddy acts.
4. There must be a causal relationship between the illegal act and the consequences of the damage, that is, the relationship between the sales behavior of the wrongdoer and the cause and effect of the damage caused by the trademark owner.
This point proves that a more in-depth investigation is needed, and the evidence of the loss of profits caused by the trademark owner and the loss of brand reputation is evidenced.
As can be seen from this case, in the development process, enterprises should pay attention to the sales of intellectual property while paying attention to the sales of products. Regardless of the size of the company, intellectual property protection is no small matter. Enterprises must know how to protect themselves and at the same time shoulder the social responsibility of protecting consumers' interests!
As well as how to obtain strong evidence of infringement after investigating the target, it is still difficult and requires a professional team and ideas. At this time, the agency can be entrusted to collect evidence.
Professional institutions not only have rich legal knowledge but also have rich experience in handling cases and skilled litigation skills. Professional agents investigating and collecting evidence is more convenient and effective than the parties. The scope of evidence collection is more extensive and accurate and often has higher credibility in judicial practice.
China RedStar Company is a trustworthy intellectual property guard of the company. The investigation team has been established for 15 years. It has a nationwide investigation team and a professional foreign language team and lawyer team. According to the rights holder's appeal and entrustment requirements, it is the right holder and its Products, tailor-made rights protection strategies and programs, effectively protect the intellectual property rights of right holders, help improve the brand awareness of rights holders and the market share of rights holders.