If the manufacturer’s products infringe, the dealer will also be held legally responsible. There are two cases of suspected brand counterfeiting:

The first case is that the counterfeited product is a non-registered trademark product, which constitutes confusing behavior and falls into the category of unfair competition. The Anti-Unfair Competition Law should be followed Take responsibility.

Article 6 of the "Anti-Unfair Competition Law" stipulates that operators shall not engage in the following confusing behaviors to cause people to mistake goods for others or have a specific connection with others:

(1) ) Unauthorized use of logos that are identical or similar to others’ product names, packaging, decoration, etc. that have certain influence.

Article 18 stipulates that if an operator violates the provisions of Article 6 of this Law and engages in confusing behavior, the supervision and inspection department shall order it to stop the illegal behavior and confiscate the illegal goods. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. If the circumstances are serious, the business license will be revoked.

The second situation is that the counterfeited product is marked as a registered trademark, which is an infringement of the exclusive rights of a registered trademark and should be held responsible under the Trademark Law.

Article 57 of the "Trademark Law" stipulates that any of the following acts shall infringe the exclusive right to use a registered trademark: (2) Use on the same product without the permission of the trademark registrant A trademark that is similar to its registered trademark, or the use of an identical or similar trademark to its registered trademark on similar goods may easily lead to confusion.

Article 60 stipulates that if any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark The registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.

If the industrial and commercial administration department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.

Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 63 stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be based on the amount gained by the infringer due to the infringement. Determination of interests; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined by reference to the multiple of the trademark license fee.

For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, the people's court may order the infringer to provide account books related to the infringement when the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. , information; if the infringer fails to provide or provides false account books and information, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall award three million yuan based on the circumstances of the infringement. the following compensation.

Extended information:

Case: Jinhua investigated and dealt with 6 cases of counterfeit apple sales from Aksu origin

Recently, the Market Supervision Bureau of Jindong District, Jinhua City, Zhejiang Province, based on the Municipal Bureau The unified deployment of the inspection team worked with trademark rights holders in the Aksu region of the Xinjiang Uygur Autonomous Region to investigate and deal with 6 sales cases of apples with counterfeit origins in 4 cold storages in the jurisdiction.

According to investigation, during December 2017, Xu and other 6 fruit dealers. Locally produced apples were purchased in Shaanxi, Gansu, Shanxi and other places, put into cartons with the words "Aksu Sugar Heart Apple" and "Origin: Aksu, Xinjiang", shipped to Jinhua, and stored in different cold storages to wait for the peak season before the Spring Festival. Sale.

At the time of the incident, the parties involved *** purchased more than 9,100 boxes of these apples, totaling more than 50,000 kilograms, with a case value of 300,000 yuan. The trademark owner identified them as counterfeit "Aksu Sweet Heart Apples" .

The Jindong District Market Supervision Bureau believes that the behavior of the parties violates the new "Anti-Unfair Competition Law" which stipulates that "operators shall not use their products' performance, functions, quality, sales status, user evaluations, and awards received." "Honor, etc. make false or misleading commercial publicity", which is suspected of false publicity. Currently, the case is under further investigation.

Reference materials:

Encyclopedia-Confusion