OEM infringement

Brand-fixing processing refers to the behavior that the entrusting party provides the trademark style or logo, puts forward the product specifications and quality requirements, and the undertaking party processes the products as required. With the specialization of industrial production and the development of foreign trade, licensing processing business is increasingly active, and trademark infringement is also increasing.

In the process of trademark fixation, there are various forms of trademark infringement, but there are mainly the following:

1. Without the permission of the client, it is common for the contractor to sell the surplus part of the processing capacity or the part returned by the client due to unqualified quality. The contractor often thinks that since the entrusting party does not accept this part of the products, considering the interests of the enterprise, it will sell this part of the products, resulting in trademark infringement. For example, the "Yongfa" brand locks processed by Fenghua Huada Security Equipment Factory for Ningbo Beilun Yongfa Safe (Group) Co., Ltd. were returned due to quality problems. Fenghua Huada Security Equipment Factory sold the returned locks to a third party without the permission of Ningbo Beilun Yongfa (Group) Co., Ltd..

2. In OEM business, the contractor entrusts the contractor to mark other people's registered trademarks on customized products in the form of one or more layers of resale processing without obtaining the permission of the entrusting party according to law. Once an enterprise in a certain link outside the top level is seized by the industrial and commercial department, it will cover up its illegal behavior with the license processing agreement at the next level and deliberately create its legal illusion. For example, the shirts of "Mengtejiao" and "Crocodile" processed by Fenghua Shirt Factory No.6 were commissioned by Taiwan Province Shengtu Clothing Co., Ltd. and Taiwan Province Yasen Enterprise Co., Ltd. to be processed by Hangzhou Dihuang Fashion Co., Ltd., and these enterprises could not provide legal trademark registration documents or use license contracts. Using this form of layer-by-layer entrusted processing to create legal illusion, trademark infringement or counterfeiting of registered trademarks.

Trademark infringement in foreign trade export. Some enterprises process and produce international and domestic famous brand products under the guise of foreign trade list. Because foreign trade business is involved, it is difficult and takes a long time to find out whether foreign businessmen are registered or legal users of trademarks and whether foreign trade business really exists. In the absence of conclusive evidence, it is difficult for the industrial and commercial departments to stop this kind of behavior, so violators use this time difference to carry out trademark infringement activities. For example, Ningbo Fengda Clothing Co., Ltd. was commissioned by Li Guobiao, a salesman of Xiangshan Foreign Trade Company Ningbo Branch, to produce a batch of "Crocodile" brand shirts. Trademarks and clothing lists were printed, but the processing business was suspended because Li Guobiao did not provide the foreign trade list.