1. If it constitutes trademark infringement, the trademark registrant demands compensation, and the infringer can argue that the trademark registrant has not used the registered trademark for three years, then the court will require the trademark registrant to provide evidence of effective trademark application in the previous three years. If the trademark owner cannot provide evidence of effective application of the subject matter or prove that the tort liability has caused other losses, the infringer may not be liable for compensation.
In this case, all infringers are applicable, but two conditions must be met. First, the trademark owner has never used a registered trademark in the past three years, and even if he applies, he can't provide valid evidence. Second, the trademark owner can't prove that he has suffered losses due to tort liability.
2. If the infringer doesn't know that the product he sells infringes the trademark rights of others, and can prove that the product is legally obtained, the provider doesn't need compensation.
In this case, the provisions on the infringer are relatively high. If the following three criteria are met, you cannot be liable for compensation. If they don't meet these conditions, they will bear the responsibility.
(1) Only the operators who don't know about product infringement will still pay compensation if they know about it. However, there will be a problem in determining this understanding and non-understanding. If the operator says he doesn't know, but there is a big difference between the purchase price and the genuine price, can he be denied as not knowing? Therefore, unless the operator has other evidence to prove that he really doesn't know, it is still impossible to determine whether he knows these.
(2) If it can be proved that the product was legally obtained, how should it be proved? The supply list stamped by the supplier is true or approved by the supplier after inspection; The purchase contract and inspection belong to true performance; If there is an invoice, the description of the invoice is consistent with the product involved; It can be proved that the product is legally obtained.
These products can prove that the operators obtained them through legal channels. If they were obtained illegally, they could not be regarded as legally obtained.
(3) The provider must be indicated, including the name of the provider. Address, contact number and other real and effective clues. If the operator fails to name the provider or forgets, it cannot be exempted from liability.
Therefore, operators must choose qualified suppliers and buy at reasonable prices when they get the goods. Keep contract invoices and other evidence to prevent suppliers from evading their responsibilities in case of disputes. And as a producer, when creating a brand, the most important thing is to do a good job of your own brand, so as to develop for a long time.