Hello, Casio is a well-known brand and is an infringement.
It is infringement without authorization or consent.
In today's society, when customers buy clothes, they will basically choose some well-known brands, so that they can be guaranteed. Many businesses see this opportunity and will buy it online or in-person. Some stores carry the same model of a certain well-known brand, and the price is a little cheaper, but the style is the same. Many customers choose to buy because of the affordable price.
In this case, can a well-known brand order the merchant to remove items from the shelves and compensate for infringement of its rights and interests? First, we must first understand how this infringement is defined legally.
From the perspective of our country’s legal provisions, the constitution of brand infringement usually includes the following elements:
1. The merchant sells the same thing of a certain well-known brand, which then leads to the well-known The interests of the brand's manufacturers, wholesalers and others are harmed, causing damage to the sales of the well-known brand, or there may be no negative impact for the time being, but damage will occur soon.
2. Merchants sell the same thing of a certain well-known brand, resulting in a significant reduction in the sales volume of the brand's products, a significant reduction in profits, and the quality problems of the same product, resulting in consumption Consumers have a bad impression of the well-known brand, and their trust in the brand is reduced, causing the brand's credibility to be greatly reduced.
3. The behavior is illegal to a certain extent, that is, selling products of the same style without the consent of the well-known brand, and there is no other legal basis to prove that the merchant has the right to sell this product. .
4. Look at the subjective state of the offender and see whether it was intentional or unintentional.
So if you copy something of a well-known brand and sell it as your own product, this behavior is an infringement of the brand's patent rights, even if you use your own trademark, this is a violation of the law. Compensation for losses caused by the brand.
In addition, it is illegal to sell counterfeit brands, hang tags without permission, collect bids, and wash bids. In serious cases, you will be held criminally responsible. In lesser cases, you will be closed down, fined, and punished. Pay compensation and other penalties.
Source of answer: Will promoting the same product of a well-known brand cause infringement?
Hope it can help you!