Lao Zhang looked at the other party's complaint and notarized information and basically understood the cause of action. What the customer sells is a universal player software, which can watch the video content paid by Youku at a very low price, and a large number of similar products can be found on a treasure. The fact of trademark infringement is basically confirmed. Why is it claimed a high compensation of 6.5438+0 million?
First of all, in law, the amount of compensation for infringement of trademark exclusive right is determined from the following five aspects.
1, determined according to the actual losses suffered by the obligee due to infringement.
The loss is borne by the obligee. In actual cases, because it involves sensitive data such as the company's financial statements, including many factors that affect the obligee's income, it cannot be completely caused by infringement, and the probative force and relevance are weak. This article is seldom used.
2, according to the interests of the infringer due to infringement. To put it bluntly, it depends on how much the defendant benefits from it.
3. Reasonably determine the multiple of the trademark license fee. This is a reasonable multiple of the trademark license fee, which is of course the best, but many trademarks are for personal use and there is no external license.
4. Malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, can be determined in accordance with the above method to determine the amount of compensation more than one time but less than five times. This article is disciplinary compensation for serious cases, that is, the amount of compensation in Article 65438 of the appeal plus 0 to 3, plus disciplinary compensation of 1 times and less than 5 times.
5. According to the legal compensation limit of less than 5 million yuan, the court will decide according to the circumstances of the infringement.
So in this case of suing 100W, in fact, the opposing lawyer used the fourth punitive damages standard.
At present, there are still many businesses that feel that being sued seems to be far away from them. In e-commerce, the convenience of Internet of Everything and infringement attacks is greatly improved, so the cost of infringement and violation will be higher and higher. Some trademark sellers who sell similar violations are still hesitant. Delete the link as soon as possible.