Sales of personality brands are infringers?
Why is the third party, as the platform operator, also in the dock?
Recently, the intellectual property case trial team of Xiaonan District Court successfully concluded two trademark infringement cases, which not only effectively cracked down on intellectual property violations, but also sounded the alarm for online shop operators and platform operators.
Review of the case
The plaintiff, a company in Fujian Province, separately sued the defendants Liu and Chen for publicly selling a number of clothing products with the company's registered trademark rights in the online shop opened on an online shopping platform, which violated the exclusive use of its trademark, caused economic losses to the plaintiff, and also damaged the legitimate rights and interests of consumers and the reputation of the plaintiff. At the same time, it sued the online shopping platform, holding that it facilitated the infringement of the two defendants, bearing joint and several liability, requiring the two defendants to immediately stop the infringement, compensate for economic losses, and require the online shopping platform to delete the link of the above goods.
Judge's interpretation
At the same time, in the process of hearing, the court will determine whether the platform service provider has done reasonable and necessary prior review and management, as the judgment basis for determining whether the platform service provider is responsible. Since the third-party platform in this case has taken measures such as deleting and disconnecting the links of the infringed goods after receiving the lawyer's letter, it should not be liable for compensation.
Rules/Tips
Trademark Law of the People's Republic of China
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