Current location - Trademark Inquiry Complete Network - Trademark inquiry - I opened a Li Ning and Anta discount store a few months ago, but our Li Ning store here said that it would sue me for infringement. Please help me analyze it.
I opened a Li Ning and Anta discount store a few months ago, but our Li Ning store here said that it would sue me for infringement. Please help me analyze it.

I have been thinking about your question for a few days. Whether your behavior constitutes infringement must be determined based on the specific circumstances and cannot be simply generalized. First of all, I think the Li Ning store wants to sue you for infringement. I feel there is no reason. Judging from the information you provided, the Li-Ning store wants to sue you for infringement. The biggest reason may be that it has the franchise rights of the Li-Ning brand. However, according to current legal provisions, franchise rights are rights generated based on contracts between relevant parties, which are different from patent rights, trademark rights, etc. The biggest difference between the two is that patent rights, trademark rights, etc. are all private rights in law. Once established with the approval of legal authorities, no one may infringe; while franchise rights are only a kind of human rights, and their establishment is based on franchise rights. A business contract can only have legal effect on the parties to the contract, and its effect does not involve entities other than the contract. In other words, if a Li Ning store has an objection to your operation of the Li Ning brand and wants to file a lawsuit based on the franchise contract, he can only go to Li Ning Company (assuming that he obtained the franchise rights through Li Ning Company), and there is no reason to go to Li Ning Company. you. The only ones who come to you are your suppliers. If your supplier has an agreement on sales restrictions (such as area, price, etc.) when supplying goods to you, and you violate the agreement to sell, you must bear the liability for breach of contract (also not tort liability). If you have not obtained any permission and have not made a sales commitment to anyone, there will be insufficient legal basis for others to pursue you for infringing on your franchise rights. However, in actual operation, you may still infringe. For example, if you create brand displays and brand promotions in sales venues, including store layouts, image advertisements, etc., you will inevitably use Li Ning's trademark, which may infringe Li Ning's trademark rights. . Of course, this kind of infringement can only be sued by Li Ning Company (or the trademark owner’s authorized party). Since many details are not clear enough, we can only analyze so much first.