Source: Chengdu Commercial Daily
Experts believe that the centralized crackdown on counterfeiting in small supermarkets in urban and rural areas will, to a certain extent, help change consumption habits
Products with "Big Mouth Monkey" patterns printed on them are suspected of infringement
The blade that Master Wang is accused of infringing
The "Woodpecker" trademark registration certificate presented by the right owner
Master Wang has been running a daily necessities supermarket in the town for 4 years. The flow of people shopping in the town is not large, and the net income in a year is 30,000. ~50,000 yuan. Until September this year, the tranquility of this business was broken by a lawsuit - a company sued him for selling counterfeit Woodpecker brand utility blades, allegedly infringing on the exclusive rights of a registered trademark, and demanded a compensation of 20,000 yuan.
Master Wang inquired and found that there were six other nearby stores that had also been sued for alleged infringement of sales of daily necessities. In order to respond to the lawsuit, Master Wang has joined three "Supermarket Rights Protection" WeChat groups, with a total of more than 100 people, all facing similar lawsuits to Master Wang.
Chengdu Business Daily reporter learned that the court opening announcement on the Chengdu Court website showed that on October 19, only one company named Honglian International Trading Co., Ltd. was the plaintiff in 22 trademark and copyright infringement cases. All are supermarkets , department stores, located in Xinjin, Pidu, Wenjiang, Dayi, Qionglai, Chongzhou, Dujiangyan and other cities and counties around Chengdu.
was sued
sold for 15 yuan and demanded 20,000 yuan in compensation.
Many small supermarkets were found to be counterfeiting
The indictment received by Master Wang stated that the "Woodpecker" brand utility blade is a brand of the plaintiff Ningbo Fuda Blade Co., Ltd., 1997 In 2008, the company obtained the exclusive right to register the trademark "Woodpecker" (graphic trademark). Because Master Wang sold the allegedly infringing goods without the plaintiff's permission, he caused considerable economic losses to the plaintiff.
Another notarial certificate issued by the Gangdu Notary Office in Laiwu City, Shandong Province shows that Laicheng District Haina Huitong Intellectual Property Agency Co., Ltd. (hereinafter referred to as Laiwu Haina Huitong) claims that it is in accordance with the intellectual property rights holder. Authorize and apply to the notary office for evidence preservation and notarization. On January 25, 2018, Yang, the agent entrusted by Laiwu Haina Huitong, and two notaries came to Master Wang’s store. Yang purchased 5 boxes of Woodpecker art blades as an ordinary consumer and obtained a shopping receipt. . Then I returned to the notary office in Shandong, where the notary took photos of the purchased items and sealed them.
"I bought it in January, but I sued in September, claiming 20,000 yuan. I don't remember such a group of people buying blades. Moreover, a box of blades was 3 yuan, and 5 boxes were sold for 15 yuan. I can't be sure about them. Did you buy it from me?” But according to the law, he must provide evidence, either to prove that he did not sell the goods, or to prove that he was unaware of the fakes and could provide legal purchase channels.
But it's not easy. Mr. Zhang's department store is not far from Master Wang's store. He was sued for compensation of 20,000 yuan because he was suspected of infringing the plaintiff's exclusive trademark licensing rights because a "big-mouthed monkey" pattern was printed on a woven bag priced at 8 yuan. "I found the purchase receipt at that time, but it did not clearly say 'Big Mouth Monkey Woven Bag'. The court said that this cannot prove the exact purchase information. We usually write very simple purchase receipts, not to mention the brand name, sometimes just the item number. , and no stamp." Mr. Zhang said.
was accused of selling products with "Big Mouth Monkey" patterns without permission. Four other stores were also named as defendants. The plaintiff was Honglian International Trading Co., Ltd. The owners of these stores told reporters from Chengdu Commercial Daily that the other party's claims were very similar. An agent entrusted by Laiwu Haina Huitong brought notaries from Laiwu, Shandong to Chengdu at the beginning of this year, and then purchased the suspected goods in their stores. For infringing goods, obtain the purchase voucher, and then have the notary take photos and seal them to preserve the evidence. In addition, there is almost always a gap of more than half a year between the time of purchasing the goods and the filing of the case.
"The monitoring in the store can generally only be kept for 3 months at most, and some are even automatically covered after more than 10 days, so it is impossible to confirm whether they have been to the store through monitoring. Although the shopping receipt they presented was stamped, But how do I know what product this receipt corresponds to?" Ms. Xiao felt aggrieved when she was sued for selling a pillowcase with a "Big Mouth Monkey" pattern on it.The materials sent to her by the court included a shopping receipt preserved by the other party. The product name was written on it as "deer hair pillowcase" and was stamped with the store's seal.
questions whether
is really cracking down on counterfeiting
or is it a "routine" to make money? After
received the indictment, these merchants removed the products involved. Master Wang said frankly that if the infringement was really counterfeit, it would be difficult for small traders like them to guard against it.
"Generally when purchasing goods, we only look at which pattern is good-looking, easy to sell, and the price is right. We don't pay attention or care whether the pattern is a famous brand, nor will we raise the price just because there is an extra pattern. Besides, there are so many brands. Can anyone recognize it? The manufacturer and wholesaler didn't tell us this is a brand. "The "Big Mouth Monkey" pillowcase in Ms. Xiao's store sells for 13 yuan, which is about the same price as other pillowcases of the same quality and purchased in the same batch. After running the store for more than three years, Ms. Xiao said that no customer has ever approached her because the items she bought were “fake goods.” “They (consumers) must know whether the items they buy at this price are brand-name or not.”
On the other hand, , the sales volume of famous brand and high-priced products in small supermarkets in urban and rural areas is not high. A bottle of authentic Maotai liquor, which costs about 1,000 yuan, has been on the shelves for almost a year, but no one has paid any attention to it. Therefore, high-quality and low-priced products are their first choice.
A few days ago, Mr. Yang, who was also sued for selling Woodpecker art blades, went to the court to observe the trial of his peers. He disagreed with the plaintiff’s claim that he was “fighting against counterfeiting and defending rights.” He believed that the ultimate purpose of the entire similar “anti-counterfeiting routine” was to make money. The store didn't know about it until the last stage of the litigation, and it was difficult to find evidence. "If it is to fight against counterfeiting, why don't you directly notify us to remove the counterfeit goods? Why not go to the source of production and wholesale, but to find the end retailer?"
Master Wang calculated the price of the allegedly infringing goods he sold. Basically, the price is more than 10 yuan, but the other party claims 20,000 yuan. Looking at there are so many small supermarkets in urban and rural areas across the country, that is a considerable amount of income. "They are 'making money', not cracking down on counterfeiting at all! Each of the stores around us can only earn 30,000 to 50,000 yuan a year, and some may earn more than 100,000 yuan, but how can they withstand such a crackdown on counterfeiting?"
Lessons
Try to identify fakes
But it is difficult to recognize the brand
On the day of the trial, Mr. Yang counted seven or eight stores that were sued on the same day. According to the court opening announcement on the Chengdu Court website, on October 19, there were 22 cases in which Honglian International Trading Co., Ltd. was the plaintiff alone. The defendants were supermarkets and department stores located in Xinjin, Pidu, and Wenjiang. , Dayi, Qionglai, Chongzhou, Dujiangyan and other cities and counties surrounding Chengdu. “I checked some judgments, and many of them resulted in stores losing the lawsuit and paying compensation,” Mr. Yang said.
"In the future, I will definitely have to be careful. I will not buy any goods related to 'Big Mouth Monkey'. When purchasing goods, try to ask them to write the order clearly and include the brand name." Because of selling "Big Mouth Monkey" bed sheets Ms. Zhan, who sued, said she was also very worried, "There are so many brands on the market, and today I met Big Mouth Monkey." And Woodpecker, maybe some unknown brand will come to defend its rights tomorrow. If this continues, we won’t have to do business.”
Mr. Xiang on the side also believed that if we want to crack down on counterfeiting, we hope that we can start from the source. Trademark rights holders go to counterfeiting factories and wholesalers to crack down on counterfeit goods and prevent counterfeit goods from entering the market.
A staff member of the law enforcement brigade of the Chengdu Market and Quality Supervision Administration said that merchants selling suspected infringing goods are a "side ball". Once discovered, they will be investigated and punished in accordance with the law. “The ways to discover such counterfeit sales generally include proactive discovery during regular inspections, consumer complaints and complaints from trademark rights holders. However, compared with quality and safety issues such as food safety that directly affect personal health, the issue of trademark infringement is not easy. Being discovered. As a merchant, you need to bear the responsibility of inspecting, checking, and ensuring that the goods come from a legitimate source. Selling fake goods or even knowingly selling fake goods will mislead consumers and violate corresponding laws and regulations."
responded to the
trademark owner
and paid the compensation proceeds from the anti-counterfeiting lawsuit
to the anti-counterfeiting team
On the afternoon of October 17, the reporter contacted the owner of the Woodpecker Blade trademark Ningbo Fuda Blade Co., Ltd. (hereinafter referred to as Ningbo Fuda), Ms. Fang from the sales department of the company told reporters that cracking down on small vendors and small supermarkets is not their fundamental purpose. Fake woodpecker blades are widely sold in the market, which has a great impact on the company's business and reputation. Impact. She also said that Ningbo Fuda has a cooperative relationship with the anti-counterfeiting team, not an employment relationship. “We have hired a team of lawyers and agencies to help the company fight counterfeiting, but the compensation received from the lawsuit does not belong to us, but to these anti-counterfeiting teams. There is no need to pay anti-counterfeiting fees. "
Ms. Fang said that throughout the entire anti-counterfeiting process, Ningbo Fuda only issued the corresponding authorization and stamped documents to verify the authenticity of the goods, and was not involved in other links. "Currently, our company has also paid attention to the situation of many small traders claiming for counterfeiting, and also Communicated with the anti-counterfeiting team. The company's original intention was to crack down on some large manufacturers and wholesalers and find the source of counterfeit goods, but it needed a process. "Ms. Fang said that the price of blades is low and the profit margin is not large. There are many merchants who are lucky enough to buy counterfeit products and sell them because the price is lower. "We are more willing to reach a settlement with these merchants and let them stop selling fake products and contact us. We purchase genuine products from manufacturers. "
Rights defender lawyer:
We are not " professional anti-counterfeiters "
Lawyer Liu, the attorney of Honglian International Trade Co., Ltd., told the reporter of Chengdu Commercial Daily that he was represented in many "Big Mouth Monkey" infringement disputes in this court session. , but I am not the same person as Laiwu Haina Huitong. “Laiwu Haina Huitong is an agent for evidence preservation, and I am a lawyer assigned by the law firm to appear in court to respond to the lawsuit. We are different from professional anti-counterfeiters, who make money by cracking down on counterfeiting. We are authorized by intellectual property rights holders to defend their rights. ”
In addition to suing the store for infringement claims, lawyer Liu said that he had reported the found fake and imitation goods manufacturers to the public security, industry and commerce and other relevant departments in response to the merchant’s question of “why not go to the fake goods manufacturers and wholesalers.” “As far as I know, the rights holders have also informed stores to stop purchasing and selling fake and counterfeit goods by issuing announcements, sending materials, etc., but this cannot exhaust all vendors in the country. If we do not crack down on the sale of counterfeit goods, it will be detrimental to the real rights holders. In the long run, it will also be detrimental to these traders, who will always lack legal awareness and brand awareness. "
Expert analysis
A strong crackdown will help change consumption habits to a certain extent. Shi Jichun, a professor of economic law at Renmin University of China, believes that the centralized crackdown on counterfeiting in small supermarkets in urban and rural areas will help improve consumers' consumption levels and change consumption habits to a certain extent. It is also conducive to promoting industrial upgrading. “In the past, people’s incomes were not high, and the competition for goods in the market was mainly through low prices, followed by low quality, and no one would be held accountable for possible infringement of intellectual property rights. But now that the economy is constantly developing, if we want to promote industrial upgrading, we cannot simply win through low prices. If it is indeed a legitimate right holder to protect their rights and there is no extortion, this can urge merchants to actively refuse to purchase fake and infringing goods when purchasing goods in the future. "
Regarding the difficulty of identifying brands, Shi Jichun believes that experienced traders who have been in the industry for many years should be clear about the quality and price differences between real and fake products. That is a choice to pursue profits. "The reason why some small supermarkets in urban and rural areas buy The purchase of low-priced or low-quality products largely caters to the shopping needs of local consumers. " Shi Jichun said that if merchants at the sales terminal pay the price for selling counterfeit goods and infringement, and take the initiative to boycott and choose to purchase higher-grade goods, it will naturally help change local consumption habits and improve product quality. No one sells at low prices. No one buys low-quality fakes, and naturally no one produces them, which also promotes curbing the source of counterfeiting.
Legal Advice
How do merchants who encounter anti-counterfeiting and rights protection lawsuits
provide evidence to respond to the lawsuit?
"First of all, we must make it clear that merchants should not sell fake and infringing goods. A market without fakes is the market we expect. Secondly, as an unsuspecting merchant being sued, he should actively respond to the lawsuit and safeguard his legitimate rights and interests. When responding to a lawsuit, you need to provide evidence to prove your purchase channels, including invoices, purchase lists, etc. If it is true that there is no counterfeiting or infringement, the merchant should also provide product inspection certificates, trademark registration certificates or authorized use agreements to prove the legality of the sale, and should ask for these from wholesalers, manufacturers and other relevant parties when purchasing goods. Receipts, documents, etc.,” said Zeng Germany, deputy director of the Intellectual Property Research Center of Southwest University of Political Science and Law.
In addition, Zeng Dede believes that there are too many brands on the market and it is difficult to identify them one by one. However, supermarkets and stores, as distributors, should be responsible for the products they sell, including product quality and not infringing on the rights of others. To this end, he made several suggestions: First, dealers should investigate their own suppliers (manufacturers, upstream dealers) and seek formal producers and operators. Secondly, suppliers are required to provide business licenses, product inspection reports, registered trademark certificates or license agreements and other information. In addition, if you have difficulty identifying it yourself, you can ask professionals for advice. (Reporter Zhao Yu)
