If you look closely, you can see at a glance that it's fake, big name.
It's a relatively low-level imitation, and the genuine product is a bit expensive.
It is normal that many shopkeepers have never bought genuine products themselves. As the owner of Taobao, not many people buy such a big brand.
Some shopkeepers don't know what grade their products are and what brand they are selling, so they put them on Taobao shops. What can they do? It is lucky to be complained by the intellectual property rights protection platform, that is, to delete the baby, and some stores will deduct points.
Some shopkeepers are not so lucky and will be sued by offline courts for rights protection claims.
Never ask the obligee. It is very expensive for the court to sue for rights protection, but the fact is just the opposite. Generally, it will be outsourced to intellectual property commercial rights protection companies and use all-insurance agents. The court ruled that tort compensation will be divided into cooperation modes. There is no cost for the obligee to sue in court, but the tort compensation is profitable.
How to deal with the complaints of intellectual property rights complained by Taobao (specific ways and means)?
The general intellectual property complaint is that the products sold in your store have trademark, copyright and patent infringement.
Trademark: This should be self-evident.
Copyright: generally refers to the product introduction content in your product details, such as text, photos, etc.
Patents: including designs, utility models and inventions.
Generally speaking, if you complain about trademarks and copyrights, as long as Taobao passes the complaint, the goods will be directly detained. But patents are not. There is a three-day appeal period. The first complaint is very important and lasts only three days.
Because the reasons for complaints are different, the reasons for complaints are also different. Among them, the copyright includes:
1. Pirated books and software (choose a complaint voucher)
1. A formal purchase invoice showing the title of the book needs to include:
A. VAT invoice or ordinary invoice b, shopping receipt c, shopping receipt;
2. Authorization certificate: a complete authorization relationship chain from the copyright owner to the seller's shop;
Second, the picture text infringement (choose one of the complaint vouchers)
1. Proof that the right holder authorizes the use of the picture: sales authorization is not recognized;
2. Copyright certificate that you enjoy the copyright of the picture: original picture, copyright registration certificate, time stamp, etc. The written work must point out that your written work is different from the complainant's work and provide copyright proof;
3. The works used come from a third party and are authorized by the third party: certificate of right+certificate of authorized use of pictures+certificate of identity of the obligee;
3. Derivatives (you can choose one of the complaint vouchers)
1. The product comes from the obligee: a formal purchase voucher that can display commodity information.
2. Proof of the right holder's authorization to use the work: the power of attorney stamped with the official seal of the right holder, and the authorization content should be the authorization to use the work (sales authorization is not recognized);
3. The works used are from a third party and authorized: certificate of right+certificate of authorized use of pictures+certificate of identity of the obligee.
4. Declare that the goods are different from the works of the obligee: the detailed comparison between the pictures of the goods and the works of the obligee needs to be combined with text descriptions.
5. Prove that you enjoy the copyright of your work: you must point out that your written work is different from the complainant's work, and provide proof of copyright, such as copyright registration certificate;
6. Public certification before the date of creation of the work: relevant certificates that can confirm the time, content, carrier and ownership of the work in the channels available to the public (such as public website certification, publicly issued newspapers and books, etc.). ). Patents include: 1. Appearance patent infringement (you can choose one of the complaints) 1. Existing design: a. Publicize the sales records of the complainant before the patent application date (provide the order numbers of Alibaba and Taobao, and the pictures displayed in the order are consistent with the complainant's patent views);
B other materials (screenshots of web pages, documents, instructions, patent materials before the filing date, etc.) that affect the patent stability of the complainant. );
2. Contrasting with the complainant's patent: it is necessary to provide pictures of the complained product page to compare with the complainant's patent viewpoint and design points, including shapes, patterns, colors, etc., and it is suggested to point out the differences with pictures and texts;
3. Put forward reasonable doubts about the stability of the plaintiff's patent: invalidation decision/confirmation of non-infringement judgment;
4. The product comes from the complainant: the complete authorization chain or purchase certificate of the obligee;
2. Infringement of utility model patent and patent disclosure patent (either of which can be selected as complaint voucher) 1. Prior art: a. Publicize the sales records of the complainant before the patent application date (provide the order numbers of Alibaba and Taobao, and compare the goods in the previous records with the patent claims of the complainant);
B other materials (screen shots, documents, instructions, etc.) that affect the stability of the complainant's patent. )
2. Proof that it does not belong to the complainant's patented technology: it is necessary to provide pictures of the complained product page to compare with the complainant's patent claim, and it is suggested to point out the differences by combining pictures and texts;
3. Put forward reasonable doubts about the stability of the plaintiff's patent: invalidation decision/confirmation of non-infringement judgment;
4. The product comes from the complainant: the complete authorization chain or purchase certificate of the obligee; Finally, trademarks: first, counterfeiting.
Comparison between true and false (just select one of the complaint vouchers)
1. Authorized sales certificate: it must point to the trademark owner, and the name of the authorized party in the power of attorney must be the same as the name of the real-name certifier of Taobao store or Taobao member, and it must reflect the brand+model/style information;
2. Formal purchase voucher: paper purchase voucher (refers to the paper purchase voucher of the trademark owner or its authorized dealer (the shopping receipt/invoice/purchase document is stamped with the shipper's official seal), which reflects the brand+model/style information; Formal proof of purchase appraisal: the paper proof of purchase (the shopping receipt/invoice/proof of purchase is stamped with the official seal, which is the same as the name of the real-name appraiser of Taobao Store or Taobao member) points to the trademark owner or its authorized dealer, reflecting the brand+model/style information; (Only the power of attorney is issued, and those without proof of purchase will not be recognized)
Not produced (just select one of the complaint vouchers)
1. Authorized sales certificate: it must point to the trademark owner, and the name of the authorized party in the power of attorney must be the same as the name of the real-name certifier of Taobao store or Taobao member, and it must reflect the brand+model/style information;
2. Formal purchase voucher: a paper purchase voucher that points to the trademark owner or its authorized dealer and reflects the brand+model/style information (the shopping receipt/invoice/purchase document is stamped with the shipper's official seal);
3. Album provided by the obligee or its authorized dealer: album cover+album copyright ownership page+corresponding product page, or "official production certificate": official website complained product link+official website complained product style screenshot (screenshot includes address bar)+corresponding webpage link provided in the complaint reason;
4. Photo of the exclusive store: it must include the photo of the facade of the exclusive store, the name of the store+the overall photo of the store, the products of the complained party hanging in the store+the personal photos of the complained products hanging+the detailed photos of the signboards of the complained products;
5. Barcode query results: screenshots of pages related to brands or brand licensees that can be queried by disputed commodity barcodes in China Commodity Coding Center (including the address bar), and pictures taken by commodity barcodes;
6. Photos of related models in the specialty store inquiry system: the overall photos of the complained goods in the specialty store+the special description of the barcode of the goods+the display photos in the specialty store photo inquiry system, which should clearly reflect the correspondence between the inquiry results and the goods+the photos of the owner of the specialty store system;
Second, improper use of other people's trademarks.
Highlight the use of trademark marks (choose one of the complaint vouchers)
1. Trademark authorization: In the authorization, the name of the authorized party should be the same as the name of the real-name witness of the Taobao shop or Taobao member;
2. Formal purchase voucher: a paper purchase voucher that points to the trademark owner or its authorized dealer and reflects the brand+model/style information (the shopping receipt/invoice/purchase voucher is stamped with the official seal, which is the same as the name of the real-name authenticator or Taobao member of Taobao Store);
3. Sales authorization: it must point to the trademark owner, and the name of the authorized party in the authorization should be the same as the name of the real-name authenticator of Taobao shop or Taobao member; Shop name infringement trademark authorization: in the authorization, the name of the authorized party should be the same as the name of the real-name witness of Taobao shop or Taobao member; Member name infringement does not support appeal.
Will Taobao shop lose money after being successfully complained about intellectual property infringement by an online school?
On Taobao, I was complained of intellectual property infringement by the online school. I don't need to lose money if the complaint is passed. Generally, the complaint mechanism of Taobao's intellectual property platform only penalizes stores such as deducting points, deleting links, removing shelves and closing stores, and does not involve claims. You can rest assured of that.
However, complaints about intellectual property infringement will definitely affect shops, infringing goods will be banned from shelves, and their shops will be deducted or even retired. So it's best not to sell goods that infringe other people's intellectual property rights. If the other party only complains about your intellectual property infringement on Taobao platform, the main purpose should be to stop your infringement and remove the infringing goods from the shelves. As for whether there are other requirements in the follow-up, it depends on whether there is any compensation after the online school.
In the face of this situation, don't panic, as long as it is handled in time and properly, the general problem will not be great.
First of all, you can try to complain to Taobao and submit the formal purchase channel certificate or other provable evidence of your products. However, if there are already infringement facts and the other party can provide more convincing evidence, then the complaint is likely to be rejected. We suggest that you take off the infringing goods as soon as possible to show that you have corrected your attitude. Online schools don't ask for compensation, and they don't need compensation, but not claiming now doesn't mean not claiming in the future. If the online school claims, it depends on whether it is settled through private consultation or through legal channels.
After that, I took the initiative to communicate with the online school, saying that I knew the mistake and had a correct attitude. As long as the infringement is not continued in the future, it will be over in most cases. However, if the online school has the purpose of claiming compensation and wants to settle it privately, it is also an acceptable way, but it is best to negotiate compensation through formal procedures. However, if the online school puts forward an obviously excessive and unreasonable amount of compensation during negotiation and communication, and maliciously asks for high compensation when the infringement is not too serious, it is best not to agree and stop the infringement as soon as possible. Then pick up the platform's official rights weapons and legal weapons to safeguard their legitimate rights and interests. If it is a big event, we will go to court together, and the judge will bear the ultimate responsibility. In this case, you need to actively respond to the lawsuit and find evidence and materials for the defense.
However, it still reminds sellers of e-commerce platforms that it is best not to sell infringing and counterfeit goods or engage in other acts that infringe on the rights and interests of others. Otherwise, there is the risk of being complained and claimed by the obligee, and it is also possible for other consumers to buy fake goods and ask for one fake and three compensations. Selling pirated online course materials on e-commerce platform is sued by the obligee to the court, and the obligee is responsible for stopping the infringement, apologizing, eliminating the influence, compensating for the losses, and may be fined by the relevant departments. If the information sold reaches a certain amount, there is still the risk of criminal punishment and imprisonment.
Now in real life, most people are engaged in commercial rights protection, that is, looking for a professional third-party intellectual property commercial rights protection company to deal with infringement claims. Intellectual property commercial rights protection companies generally take the offline court to file a case and sue for compensation.