The distributor sued the product for appearance infringement.

Legal analysis: When being sued for infringing others' design patent right, the first thing to do is to check whether the plaintiff's design patent right is valid. According to Baba's advanced transfer of Baten's patent, China's patents can be divided into invention patents, utility model patents and design patents. Invention patents have been substantially examined, while utility model patents and design patents have not been substantially examined. As long as the form meets the requirements, a patent certificate will be issued. Therefore, many large-scale utility model patents and design patents in China do not meet the essential requirements of the patent law. In a period of time, if someone thinks that their utility model or design patent has been infringed, the court will ask the plaintiff to provide a patent evaluation report, otherwise the case will not be filed.

Legal basis: Detailed Rules for the Implementation of the Trademark Law of People's Republic of China (PRC).

Article 43 Anyone who infringes on the exclusive right to use a registered trademark shall be ordered by the administrative department for industry and commerce to immediately stop the infringement, seal up or confiscate its trademark logo, and eliminate the trademark logo on existing goods and packaging, and shall be ordered to compensate the infringed person for economic losses according to law, and shall be informed according to the circumstances, and shall also be fined less than 20% of the illegal business amount or less than 2 times the profit from the infringement.

Article 44 If a party refuses to accept the decision made by the administrative department for industry and commerce in accordance with the provisions of the preceding article, he may apply for reconsideration to the administrative department for industry and commerce at the next higher level within 05 days from the date of receiving the notice; The administrative department for industry and commerce at the next higher level shall make a reconsideration decision within 45 days from the date of receiving the application for reconsideration. If he refuses to accept the reconsideration decision of the administrative department for industry and commerce at the next higher level, the party concerned may bring a lawsuit to the people's court within 05 days from the date of receiving the notice of reconsideration decision. If it fails to perform within the time limit and does not apply for reconsideration or prosecution, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.

Article 45 Anyone who counterfeits another person's registered trademark may sue and report to the administrative department for industry and commerce or the procuratorial organ.

Complaints or reports to the administrative department for industry and commerce shall be handled by the administrative department for industry and commerce in accordance with the provisions of Article 43 of these Rules; If the circumstances of the accusation and accusation are serious enough to constitute a crime, the judicial organs shall investigate the criminal responsibility of the person directly responsible according to law.