respondent: Zhao XX, male, born on 4th of October, 19XX, Han nationality, registered at No.XX, Group XX, XX Village, XX Town, XXX District, Fuzhou City, Jiangxi Province, and now the owner of "XXXXX Food Store", with the business address of No.XXX, XXX Road, XX Village, XXX Town, Jiashan County.

Respondent: XXX Group Co., Ltd.

Address: No.3, Shangshui South, XX City, XX Province.

legal representative: XXX, chairman of the board.

The respondent made the following reply to the case of trademark infringement dispute filed by the respondent:

Matters requested:

1. The judgment rejected all the plaintiff's claims;

2. The litigation costs in this case shall be borne by the plaintiff.

Facts and reasons:

1. Tort actually no longer exists.

the respondent has no objection to the infringement facts claimed by the respondent in the complaint, but the respondent bought "XXXX" from Haining XXXX twice on April 2th, 21 and July 25th, 21, each box containing 48 pieces, and ***96 pieces. Without knowing that the product was an infringing product, it was sold out before the plaintiff sued, and it was no longer purchased for sale. Therefore, the infringement actually does not exist, and the respondent's request to immediately stop the infringement has no practical significance.

second, according to relevant facts and laws, the respondent is not liable for compensation.

the respondent respects the intellectual property rights of the respondent, but the act of selling the products involved was carried out without knowing it, and there was no subjective fault. First of all, it is difficult for ordinary people to distinguish whether the products involved are products that infringe on the exclusive right to use registered trademarks in appearance; Secondly, the respondent has never been punished by the administrative department for industry and commerce for selling the products involved; Finally, after obtaining evidence on XX, XX, XXXX, the respondent did not issue a warning or request for the respondent to stop the infringement in time, nor did he bring a lawsuit in court in time, so the respondent's behavior was completely carried out without knowing it. In addition, the products involved in the case sold by the respondent were purchased from XXXX, and the respondent is not liable for compensation according to the third paragraph of Article 56 of the Trademark Law.

to sum up, the respondent requests your court to arbitrate according to law.

to

XXX Intermediate People's Court

Respondent: XXX

XXX

XXXX.