Recently, it was learned from the network that an Internet company that opened a flagship store of "West Lake Building Building" on Tmall was fined 780,000 yuan by the Zhejiang Provincial Market Supervision Bureau for selling goods that violated the exclusive right to use the registered trademark of "Building outside Building".
Founded in the 28th year of Daoguang in Qing Dynasty (1848), "Lou Wai Lou" is a well-known time-honored brand in Hangzhou and a well-known trademark recognized by the State Administration for Industry and Commerce. The paper news saw in its official flagship store on the Tmall platform that sells commodities including cakes, mung bean cakes, and cooked foods such as Dongpo pork, duck in sauce, and chicken called Hua.
At the beginning of this year,Hangzhou Xiaoshan district market supervision bureauReceived a "building outside the building" report, said that a "West Lake building outside the building" flagship store appeared on the Tmall platform, suspected of violating its exclusive right to use registered trademarks. The investigation found that the main operator of the flagship store of "West Lake Building Outside Building" is a network technology company in Hangzhou, which opened the flagship store of "West Lake Building Outside Building" at the end of 2021, and marked "West Lake Building outside Building" on the outer packaging and web pages of 14 food gift boxes, which is similar to the brand trademark of "West Lake Building outside Building", and the sales volume ranks top among similar products. According to statistics, within a month from the beginning of sales to the case, "West Lake Building outside the building" completed more than 900 orders, selling 1,866 boxes of infringing goods, with a turnover of 365,200 yuan and a profit of 159,200 yuan.
It is understood that the products sold in the flagship store of "West Lake Building outside Building" include nuts, sauce duck, etc., some of which are commissioned by the company to produce packaging, and some of which are loaded into the gift box labeled "West Lake Building outside Building". The market supervision department believes that the operation subject of the flagship store of "West Lake Building outside Building" violates the provisions of the second item of Article 57 of the Trademark Law, and makes an administrative penalty of confiscation of infringing products and a fine of 780,300 yuan for its illegal online sales of goods infringing on the exclusive right of "Building outside Building" registered trademark.
On request Trademark Act Article 63 The amount of compensation for the infringement of the right to exclusive use of a trademark shall be determined in accordance with the actual losses suffered by the right holder as a result of the infringement. If the actual loss is difficult to determine, it may be determined in accordance with the interests the infringer has obtained as a result of the infringement. If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the license fee of the trademark. Where the exclusive right to use a trademark is maliciously infringed and the circumstances are serious, the amount of compensation may be determined at not less than one time but not more than three times the amount determined in accordance with the above-mentioned methods.
Source: IP community
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