1, the link posted on Taobao can have Alibaba's complaint platform;
2. Click to enter Alibaba's complaint platform to make a complaint;
3. Check the properties of the complained product, and then compare it with the complainant's product to find out the problem. Is it the trademark, the appearance, or something wrong that causes others to complain?
4. Seek professional organizations, such as asking elephants to understand the property, seeking professional help, understanding relevant intellectual property laws and regulations, judging the degree of the situation, and formulating targeted response plans.
5. Contact each other for negotiation. For the intellectual property rights of Taobao, we should negotiate first, but we can't go to court now.
The appearance of appearance patent infringement is complicated, and there are four points. As long as you meet one of them, the complaint will not be successful. Details are as follows:
1. Comparative description of existing designs inconsistent with the complainant's patent;
2. Put forward reasonable doubts about the stability of the complainant's patent;
3. The product comes from the complainant;
4. Information that the patent is in the invalidation procedure.
Extended data
Tort judgment
The theme of comparison
The patented product of design is a commodity with more daily life than the patented product of invention and utility model. Ordinary consumers tend to ignore the nuances of similar products, while professionals can easily distinguish them.
When judging whether the accused infringing product is the same as or similar to the patented product of design, it is obviously unfair to the obligee from the professional point of view.
Therefore, judging the infringement of design patent should be based on the aesthetic observation ability of ordinary consumers, not the aesthetic observation ability of professional and technical personnel in the field of design patent. For the same or similar products, if ordinary consumers generally pay attention to avoid confusion, it does not constitute infringement, but if ordinary consumers still pay attention to confusion, it constitutes infringement.
The above-mentioned general consumers refer to those who buy and use patented products of design. In general, the meaning of "consumer" in the Consumer Protection Law is the same.
However, for unusual consumer goods, such as building materials, machine parts, power tools, etc. Ordinary consumers are not their buyers and do not have the general knowledge and cognitive ability of such goods. Therefore, the subject who can make the same or similar comparison should be the specific consumer group of this kind of goods, that is, the people who sell, buy, install and use this kind of goods.
Taking ordinary consumers as the main body of infringement judgment does not require the people's court to investigate the opinions of real consumers when trying disputes over patent infringement of design, but requires the judge to put his position on the level of ordinary consumers to understand and perceive the similarities and differences of the comparison objects.
Baidu Encyclopedia: Patent Design of Appearance