Strange Happenings! The Infringement Of The Brand In The Clothing Market Is More Chaotic.

In recent years, with people

According to the insiders, from counterfeit and well-known trademark logo to overseas registered shell company counterfeit foreign brands, from online sales to well-known trademarks as enterprise name registration in different places, from trademark registration to advertised counterfeit well-known trademarks - clothing brand speculators fraud and infringement means constantly renovated.

Recently, the China Apparel Association held a conference on safeguarding the rights of garment enterprises in Beijing.

At the meeting, business representatives expressed their abhorrence of the infringement of "brand name", but in many cases they were really hard to guard against.

Phenomenon 1: fake brand in Hongkong

Compared with the trademark infringement act of a counterfeit well-known brand, the illegal operator can use the well-known trademark in the overseas registration as the shell company of the enterprise name, and then produce and sell products in the mainland to achieve the purpose of illegal profits of the "brand name". Compared with the traditional pure counterfeiting registered trademark infringement act, it is not easy to be perceived by people, and it seems legitimate.

Take the famous clothing brand "Red Dragonfly" as an example. Since the first shell shell company registered in Hongkong, China in May 2002, a large number of shell companies named "Red Dragonfly" have appeared.

These companies mark the "Red Dragonfly" in product packaging, shop signs, billboards, sales bills and publicity materials in the form of trademark licensing, general agency, authorized production, etc., and even more, they turn the red dragonfly of domestic products into "Italy Red Dragonfly" and "Hongkong Red Dragonfly" and are used in packaging or shops.

According to the director of Red Dragonfly Group Co., Ltd., because the Hongkong Special Administrative Region is different from the relevant laws in the mainland, it is very simple to register a company in Hongkong. Through intermediary companies, only a few thousand dollars can be registered. If a registered company has no direct business in Hongkong, it does not need to pay taxes at all.

Some speculators in the mainland are using this route to speculate and make profits.

Red Dragonfly Group Co., Ltd. finally cancelled 19 Hong Kong Dragonfly companies registered in Hong Kong through the high court of Hongkong Special Administrative Region, and was able to get rid of the "Li Gui" disturbance for several years.

However, the success of this case did not end such acts of unfair competition.

In response, insiders pointed out that according to the trademark law, anti unfair competition law and related judicial interpretations, the rights and interests can complain to the industry and Commerce Department.

Phenomenon two: an energy distinguishes between male and female

Unlike registered empty shell companies in Hong Kong, some speculators are interested in registering similar trademarks with similar brands on similar commodities.

Once the relevant identities have been approved and registered, these speculators will start to use prominently on clothing or intentionally publicize it with a well-known brand in marketing advertisements, so that consumers will be confused and mistaken.

Take the "electric eel" as an example, the registered trademark of the speculator is "electric eel", but it claims "crocodile monopoly".

Around 2009, there was a store called "crocodile crocodile" in the market. It used the "crocodile" Chinese character and the "electric eel" trademark similar to the crocodile series registered trademark, and publicized it for a long time, and used a low discount of one to seventy percent off, and "crocodile clearance" and "season clearing" to attract consumers.

Finally, the Haidian branch of the Beijing Administration for Industry and Commerce closed down 4 "electric eels" shops suspected of violating the "registered crocodile" registered trademark.

At the same time, the "crocodile" trademark owner also applied to the Trademark Review and Adjudication Board of the State Administration for Industry and commerce to revoke the application of "electric eel" trademark.

Insiders pointed out that the subjective intention of such a "brand name" and "free riding" is obvious. Its infringement has seriously disrupted the market order, and has also damaged the legitimate interests of trademark rights holders and ordinary consumers.

Phenomenon three: selling holidays and getting online

With the popularization of the Internet and the promotion of related services, the convenience and speed of online shopping are gaining more and more recognition and popularity from the relevant consumers.

In December 2010, it was reported that Fang Fang Nair Clothing Co., Ltd. of Guangzhou wanted to push the Taobao mall onto the dock because the store had many Taobao stores selling "fangnell" underwear suspected of counterfeiting.

According to the company, it has received complaints from consumers about counterfeit goods since 2009. After investigation, it was learned that many shops on Taobao sold counterfeit brand products.

Subsequently, the company purchased the above products on its own and obtained the evidence of 1045 Taobao shops suspected of selling fake products after being notarized.

The company's attorney said that the sale of fake shops constitutes infringement, and the company will conduct litigation next.

The responsible person of a famous clothing brand told us that along with the development of network technology, more and more infringing products appear on the Internet. A series of factors, such as the virtual nature of the network, the low cost of counterfeiting, the difficulty of obtaining evidence and the high cost of safeguarding the rights, bring inconvenience to the enterprises. However, when the operators of the online trading platform provide infringement, they will take measures to avoid unnecessary legal disputes at the first time.

Phenomenon four: false glory flickering

In recent years, with the enhancement of brand awareness, many enterprises in the clothing industry have identified well-known trademarks and increased brand protection in brand management.

Well known trademark is a legal protection system established to protect famous brands, but it is used by some speculators.

In August 2010, 3 shoe making enterprises in Wenzhou took the "China well-known trademark" as an honor publicity, and were punished by the Longwan sub Bureau of Wenzhou Administration for Industry and Commerce of Zhejiang province for 20 thousand yuan respectively.

The business sector believes that these 3 enterprises are small businesses in the locals. Their trademarks have not yet been awarded the famous trademark of Longwan District, nor have they been recognized as well-known trademarks by the government departments. While the enterprises mark the words "Chinese well-known trademarks" on the relevant external packages of the goods, they conduct propaganda for violating the anti unfair competition law and constitute false propaganda.

The industry pointed out that in addition to the above phenomenon, there are also some clothing brands using "China famous brand" and "China famous brand" to publicize them. These non-standard terms are also the advertising gimmicks of speculators "huff" consumers to collect money.

As for the chaos of clothing brands, the industry pointed out that with the enhancement of brand awareness and the improvement of relevant laws and regulations in recent years, this chaos will be eliminated.

But the national costume brand wants to be famous in China and enjoys a world-wide reputation. It needs more efforts from people in the world.

This effort includes not only the provision of quality products and services, the implementation of technological innovation, but also the building of brand culture and the protection of legitimate rights and interests.