Without authorization or consent, it is infringement.
In today's society, customers will basically choose some famous brands when buying clothes, which will be guaranteed. Many merchants will take a fancy to this opportunity, put the same model of a famous brand on the Internet or in their own shops, and then the price is cheaper, but the style is the same, so many customers choose to buy it because of its affordable price.
In this case, can well-known brands order merchants to take off the shelves and compensate them on the grounds of infringing their rights and interests? First of all, we must understand how this violation is defined in law.
Judging from the legal provisions of our country, the composition of brand infringement usually includes the following elements:
1. A merchant sells the same thing of a well-known brand, and then the interests of the producers and wholesalers of the well-known brand are damaged, which has caused harmful consequences to the sales of the well-known brand, or has no negative impact for the time being, but it will soon have harmful consequences.
2. When a merchant sells the same thing of a well-known brand, the sales volume and benefits of the brand's products are greatly reduced, and the same product has quality problems, which leads to a bad impression of the well-known brand by consumers, a decrease in trust in the brand, and a great reduction in the credibility of the brand.
3. There is a certain degree of illegality in the behavior, that is, selling the products of the same style of the brand without the consent of the well-known brand, and there is no other legal basis to prove that the merchant has the right to sell the product.
4. Look at the subjective state of the aggressor, whether it is intentional or unintentional.
Then if you copy a well-known brand as your own product, this behavior is an infringement of the brand's patent right, even if you use your own trademark, then you need to compensate the losses caused by the brand according to law.
In addition, it is illegal to sell fake goods, hang tags privately, accept bids and wash bids. If the circumstances are serious, criminal responsibility will be investigated. If it is not too serious, it will be punished by closing the store, fines, compensation and so on.
Source of answer: Will it be infringing to promote the same product of well-known brands?
I hope I can help you!