Sold 20 pencils were claimed 30,000 yuan! "Zhonghua Brand" pencil prosecutes small non-staple food brand infringement...
China's pencil trading network news: September 15 hearing, "20 pencils sold for 14 yuan, did not expect to attract a lawsuit, but also compensated 30,000 others." Yesterday (14 days), a small sub-branch in Zhuankou The boss, Mr. Liu, said that when the court summons was received, "the whole person was blind."
In the hands of Mr. Liu, the reporter saw a piece of paperwork, including a subpoena from the Wuhan Intermediate Court and a civil complaint. The reason why Mr. Liu was summoned was "infringement of trademark rights disputes." The reason is that the owner of the "Zhonghua Brand" trademark has found through investigation that Mr. Liu's grocery store sold counterfeit "Zhonghua Brand" pencils. The "Zhonghua Brand" pencil factory asked Mr. Liu to stop the sale of goods that infringe the rights of the "Zhonghua Brand" registered trademark, pay for infringement compensation, notary fees, attorney's fees, and transportation expenses totaling 30,000 yuan, and also bear relevant litigation costs.
Mr. Liu displays court documents and purchase orders
In these materials, the Wuhan Evening News reporter saw two photocopies of the photo. The top shows two "Zhonghua" pencils and the corresponding receipts. The receipt shows that the amount is 14 yuan and the date of writing is May 3 of this year.
“I often go to some bazaars in some bazaar markets. When I moved forward in the three or four years, I bought a few 'Chinese' pencils, 10 for one, and spent a total of 38 yuan. Back on the shelves, I sold them. We haven’t sold out yet. In May, we came to an individual and bought two at a time. We also specifically asked for a receipt. From the court’s submission, there was a receipt at that time, which became evidence.†Mr. Liu said that the paperwork The plaintiff’s lawyer’s lawyer’s telephone number was left in contact. After the contact, the other party stated that it could be settled through a settlement. However, Mr. Liu must pay 7,000 yuan in compensation.
"When I bought it, I didn't know if these pencils were true or false. I didn't realize that there were real or fake problems. First I wanted 30,000 yuan, and I said I wanted 7,000 yuan. I hadn't encountered such a thing. Knowing what to do.†Mr. Liu said that he only sold a pencil for 14 yuan and was asked for thousands or tens of thousands of dollars to make him unsure.
Yesterday, the reporter contacted Ms. Wang, an attorney who was in charge of this case with the "Zhonghua Brand" pencil. The other party said that it was inconvenient to disclose the details of the case.
The reporter also contacted the "China Brand" pencil manufacturer "China First Pencil Co., Ltd.". The person in charge of the company's marketing department stated that the company's anti-counterfeiting actions against the brand are entrusted to other companies and the specific circumstances need to be verified. “Protection of intellectual property rights and safeguarding of brand image and rights are the work of the company and are carried out in accordance with the law. If a grocery store purchases counterfeit products when it is purchased in the wholesale market and infringes on our brand, we will pursue the responsibility of his family. When suing a non-staple food store and claiming a claim, we will understand the entrusted company and resolve it properly."
Mr. Liu sold two pencils and left a pencil in the shop
Lawyer: To increase legal awareness during the purchase and sale of merchants
Xiong Minjie, an attorney of Hubei Jinwei Law Firm, said that although Mr Liu’s infringing products are sold in small quantities, it also causes infringement and the infringed party has the right to file a claim. However, the amount of compensation of RMB 30,000 may not be supported by the court. According to the "Trademark Law," the amount of compensation for infringement is generally determined according to the actual losses received by the infringer. If the actual loss is difficult to determine, the amount of profit derived by the infringer from infringement shall be determined; It is determined by the multiple of the license fee.
“Specifically to Mr. Liu, if he can provide a normal purchase order, prove that he is a general purchase, not knowing in advance, and provide the purchase of the family, the court will consider the actual situation in the judgment, the responsibility fell on him. And compensation will be much less.†Xiong Minjie reminded that in the case of trademark infringement disputes, the actual losses, the amount of infringement gains, and the license fee for registered trademarks are all difficult to determine, and the court can award up to 3 million according to the circumstances of the infringement. Managers like Mr. Liu must raise their awareness of law in the purchase and sales process, pay attention to identifying abnormal products, and avoid causing trouble to themselves.
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