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Luxury Goods Providers "Fight" From Wechat To Safeguard Their Rights

2013/12/12 13:54:00 34

Taobao Tmall Sales Business Wechat Jingdong Infringement Luxury Brands Fake LV Channel

< img border= "0" align= "center" alt= "" src= "" /uploadimages/201312/12/20131212020512_sj.JPG "/" < > > "
 October 11th this year, Taobao and luxury brand Louis Weedon (a href= "http://sjfzxm.com/news/index_h.asp" > LV < /a) announced the signing of a memorandum to jointly combat counterfeit sales. This year, the two sides, together with the Ministry of public security's Economic Investigation Bureau, launched a campaign to crack down on counterfeit LV, < a href= "http://sjfzxm.com/news/index_h.asp" > channel < /a > in 8 provinces and cities in China. The first wave of the Hangzhou area collected over 1000 pieces of counterfeit LV and other clothing brands. Now let's see details with Xiaobian. 
 2007 .
 > a href= "http://sjfzxm.com/news/index_h.asp" > German PUMA company < /a > v. Taobao and Taobao shopkeeper Chen tort, request the court to order Taobao net to compensate 1 million yuan, and two defendants stop infringement. The Guangzhou intermediate people's court did not support the infringement of Taobao. At the same time, it was found that Chen's selling behavior constituted "a href=" http://sjfzxm.com/news/index_h.asp "infringement" /a. 
 March 7, 2011 .
 > a href= "http://sjfzxm.com/news/index_h.asp" > Guangzhou Fangna Clothing Co., Ltd. < /a > prosecution of Taobao mall, a fake online store and Taobao trademark infringement case in Tianhe District court first trial, fangnai company claims 500 thousand yuan. 
 November 2012 .
 Coach filed a lawsuit against the individuals and enterprises selling "a href=" http://sjfzxm.com/news/index_h.asp "Coach" /a "goods" on the website of the federal court of Illinois, a, href=, http://sjfzxm.com/news/index_h.asp, Coach, href=, and won $257 million in compensation. 
 October 2013 .
 Swiss luxury goods group < a href= "http://sjfzxm.com/news/index_h.asp" > "peak group" /a > (Richemont) sued Pakistan B2B e-commerce Tradekey.com and its affiliated company Sawabeh selling off, the federal court of California of the United States has decided that Sawabeh and its website will be banned for sale forever. 
 October 2013 .
 the Gucci (Gucci) US company has won a series of online selling cases and received a compensation of 144 million 200 thousand US dollars. The federal court of Florida has sentenced 155 websites to be closed by using the name "a href=" http://sjfzxm.com/news/index_h.asp > Gucci < /a ", the website of the trademark and the selling price. 
 electricity supplier measures 
 the most severe punishment is to store shop /p >
 consumer girl says she once saw a L'OCCITANE hand cream on Taobao and sold only ten yuan. At that time, my friend persuaded him to be too cheap to be fooled. But miss single checked the shop's introduction repeatedly, thinking that it was like a real product, plus the temptation of low price, or took it down. Later, it was wrong to use it. She looked back and found that the shop had been frozen by Taobao before realizing that she might have bought a fake. 
 July 22nd, Taobao released the latest regulations on the sale of counterfeit goods. According to the rules, it will be severely punished for bad businesses to sell counterfeit or pirated goods. For example, businesses that sell especially badly will face a maximum penalty of 48 points, which is directly closed to stores. 
 another person from the Jingdong said that Jingdong has emphasized the quality of licensed products. At present, the proportion of self employment is high, and the proportion of the third party businesses is not high. 
 above mentioned, Jingdong not only requires suppliers / merchants to provide business license, tax registration certificate and other related qualifications, but also strictly supervise and manage their operation and after-sales service on Jingdong platform. 
 however, some consumers also question that the platform side regulation is not strict enough. Some obviously look far below the price of genuine goods, < a href= "http://sjfzxm.com/news/index_h.asp" > fake "/a", but marked "genuine counters", the platform for the sale of fake goods manufacturers should have more stringent control. 
 lawyer's statement .
 prosecution platform is hard to win 
 IT legal expert Zhao Zhanling said that there are two kinds of selling and selling types on the Internet. One is to copy the trademarks of trademark owners and constitute trademark infringement. This is mainly based on the right owners themselves, and the other involves food safety level, which requires government intervention. {page_break} 
 "most fake products are sold through C stores." Zhao Zhanling said that due to various objective reasons, the fake products of < a href= "http://sjfzxm.com/news/index_h.asp" > Internet platform < /a > can not be completely eliminated. For example, the ability of the platform side to review is limited. Generally speaking, the prior examination qualification can not be prevented in advance. Because the commodity has not entered the platform stock storage, it is impossible to check the goods. In the follow-up business process, even if there is a sale, it will not be found if there is no consumer report. In addition, there may be problems with the platform's own review measures, and some stores' qualifications and certificates can also be forged. 
 if consumers buy fake products from a supplier of an e-commerce platform, can they be accountable to the platform side by law? Zhao occupation says it is difficult to win a lawsuit in general. "It depends on whether the platform has fulfilled its duty of management and attention. One case is whether there is a requirement for the qualification of the seller to conduct the qualification examination. If it fails to do so, it will be liable jointly and severally. Another is that if the content of the platform advertisement and the recommended product is false, it needs to be jointly and severally liable as an advertisement publisher. 
 safeguarding rights 
 luxury goods merchants start a false trend 
 the rapid development of luxury goods has created a number of illegal traders who sell luxury goods. The average consumer can hardly see the difference between the fake goods and the genuine ones. 
 counterfeit rampant to a certain extent affects the performance of luxury brands. Zhou Ting, President of the Institute of wealth and quality, told the Beijing News reporters that the spread of fake commodities will accelerate the shortening of the life cycle of the brand, and make the core consumers quickly abandon these brands, which is very fatal to the brand. 
 recently, a number of "a href=" http://sjfzxm.com/news/index_h.asp "luxury brands" /a "and electronic business platform began to fight against counterfeiting. 
 October 11th this year, Taobao and luxury brand Louis Weedon (LV) announced the signing of a memorandum to jointly combat counterfeit sales. This year, the two sides, together with the Ministry of public security's Economic Investigation Bureau, launched a campaign to crack down on counterfeiting LV, channel and other luxury goods in 8 provinces and cities in China. The first wave of the Hangzhou area collected over 1000 pieces of fake LV and other clothing brands. 
 December 1st this year, another luxury brand Coach also announced a memorandum of understanding with Taobao to crack down on online selling. (Li Yuan) 
 new trend of selling off 
 from electric business to WeChat /p >
 > "play before" "before sweeping" "Zhi Fu Bao" and "Yin hang card". All sensitive words are typed (homonyms) or sent by voice! This is Ms. Wang's own trade secret for selling luxury goods in WeChat. 
Ms. P has her own formal work. At the beginning of this year, when she introduced her brother, she began selling some luxury imitation products in her spare time to subsidize her family. Ms. Wang said she had registered with Taobao shop, but she was too scared to open Taobao shop. "There are too many rules for Taobao to do research on it," Ms. Wang said. The reporter went to Ms. Wang's shop and found that there was nothing on it. She said she had planned to sell the shop. 
From November to November, Ms. Wang chose to fight a href= "http://sjfzxm.com/news/index_h.asp" > WeChat < /a > to continue her business. Her way is to send pictures of objects to a circle of friends, and those who want to buy can browse the photos with her WeChat. "Relying on the influence of friends, friends to introduce friends, good times a week can have four or five." Ms. Wang said. 
 for this, IT legal expert Zhao Zhanling said that businesses need to be involved in registration, trading, payment, commission and other aspects in Tmall and Jingdong, and their supervision will be better. But WeChat, which includes more public accounts, is more of a traffic entry function. The spanaction is still completed on other platforms; WeChat is not a closed loop, and its role as a platform side is very limited. In addition, WeChat has not yet restricted Taobao's median difference rating mechanism. Therefore, WeChat has weaker control over businesses than Tmall, < a href= "http://sjfzxm.com/news/index_h.asp" > Jingdong < /a >.