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Sample Statement of Fines for Industrial and Commercial Trademark Infringement

Statement of opinions on industrial and commercial penalties

Zhanjiang Industrial and Commercial Administration Xiashan Branch:

Zhanxia Industrial and Commercial Municipal Administration Office Notice (2008) No. 01 The penalty notice determined that the company's printing of "China's No. 1 brand of underwear quality and credibility" and "thickening and exciting type" on the packaging of underwear was misleading and false, which was not consistent with the facts.

1. It is a fact that our company won the title of "China's No. 1 Underwear Quality and Reputation Brand"

The Lijiali series of underwear produced by our company was sponsored by the People's Daily Market Information Center in early 2004. The "First Chinese Market Product Quality User Satisfaction Survey" is a large-scale public welfare event co-organized by more than 60 authoritative industry associations, supported by 10 authoritative newspapers and periodicals, and conducted online by authoritative websites such as Among them, more than 800,000 users participated in the voting and was elected as "China's No. 1 Underwear Quality and Reputation Brand" by users. This is a fact, and there are relevant certificates and advertisements verified and published by the People's Daily Market Newspaper as evidence that the relevant certificates are authentic (see the "China's No. 1 Underwear Quality and Reputation Brand" certificate and a copy of the "People's Daily Market Newspaper").

The event was of high standard and large scale. In addition to national leaders attending the award ceremony held at the Great Hall of the People in Beijing, it was also reported by many national authoritative newspapers.

We believe that People’s Daily is the Chinese party newspaper, People’s Daily Online is the official website of People’s Daily, and Sunshine 315 is the official website of the Consumers Association of the State Administration for Industry and Commerce. This major event was jointly organized by so many national-level authoritative organizations. Not only is it authoritative, but its influence is also very far-reaching. Such activities cannot be a show, let alone fake. Following foreign practices, the state plans to hand over product evaluation activities to industry associations. Therefore, all authoritative departments and industry associations, including the State Administration for Industry and Commerce, are actively participating this time. The Lijiali series of underwear was selected as the "No. 1 brand of underwear quality and credibility in China" in this event. This is the result of the company's many years of efforts. The position of the Lijiali brand in the Chinese market has gradually become Zhanjiang's honor. If grassroots departments find that there are problems with the above-mentioned activities or that the "number one brand" selected is false, they should make corrections to the national agency that organized the event, and should not hold the company accountable. What's more, since its establishment, our company has been relying on science and integrity to develop and produce its own products seriously, and strives to build its own brand across the country. We feel that the government and relevant departments should give us more care, encouragement and support.

The Zhanjiang Industry and Commerce Bureau, the superior agency of Xiashan Branch of Zhanjiang Industrial and Commercial Administration, once recognized the company's "China's No. 1 Underwear Quality and Reputation Brand". In 2004, the Zhanjiang Municipal Administration of Industry and Commerce approved our company to make an outdoor advertisement of "China's No. 1 Underwear Quality and Reputation Brand" covering an area of ??more than 200 square meters at the overpass in Chikan District, Zhanjiang City, for a year (see advertising photos, advertising approval number Wei Zhan Industrial and Commercial Outdoor Guangdeng No. 20040429201). At the end of 2004, the Zhanjiang Municipal Administration of Industry and Commerce also conducted a special inspection on the company's sales and promotion of thickening underwear. At that time, the company also answered the question of "China's No. 1 underwear quality and reputation brand" in a serious and detailed manner. The Industrial and Commercial Bureau raised an inquiry and provided the original copy of the People's Daily, relevant certificates and materials, as well as proof of the website page where the company's products can be viewed, etc. If our company is committing fraud and misleading consumers, can the Zhanjiang Industry and Commerce Bureau allow us to continue promoting, producing and selling products to this day?

An award awarded by a country and industry authoritative department that has been publicized in various media across the country and has been approved by the superior industrial and commercial authorities to set up large-scale outdoor advertisements becomes false propaganda with no legal basis if it is printed on the packaging. Besides, the honor of a brand is a spur to a company's product production and an affirmation of the past. Promoting a brand is not the same thing as product promotion content as specified in Article 9 of the Anti-Unfair Competition Law. Therefore, printing "China's No. 1 Underwear Quality and Reputation Brand" on the packaging is not false propaganda and does not fall within the provisions of Article 9, Paragraph 1, of the Anti-Unfair Competition Law.

2. It is true that our company produces "Thickening and Exciting Type"

"Thickening and Thickening Underwear" is a product developed by our company. It can be used by users as required. Mechanical physical stretching and biophysical stimulation enable users to obtain corresponding effects.

This invention has obtained national patent rights (see the patent certificate and summary of the description, and the invention patent rights will also be obtained soon). In 2004, the Economic Inspection Section of the Zhanjiang Municipal Administration for Industry and Commerce conducted a more comprehensive literal inspection on the company's thickening underwear and other products, packaging materials, promotional methods and websites, and conducted seven inspections on the company in accordance with all relevant national laws. The company responded to the written inquiries one by one. In the end, no violations were found, so the Zhanjiang Municipal Administration for Industry and Commerce did not impose any penalties or actions, essentially acquiescing to the company's production, publicity, promotion and sales. As a result, the growth and thickening underwear produced by our company has not been strangled in the cradle. From June to August 2005, after being reviewed by the newspaper, our company truthfully and continuously published advertisements for the series of health-care, anti-fouling, stimulating, growth and thickening underwear in the Southern Metropolis Daily (see the printed copy of the Southern Metropolis Daily), which won the recognition of the vast number of readers. recognized.

It is a fact that our company produces "thickening, thickening and exciting" underwear, and there is no misleading issue. Not only does our company have detailed product introductions, but our website also has a dedicated section for corresponding detailed introductions. Multiple web pages, using new means to provide services to a wide range of users. It is a fact known all over the world that human tissue growth can be changed through mechanical and physical stretching or support, such as the long ears of Iban women and the long neck of Kayan women. After 2004, in order to better demonstrate the principle of growth and thickening, the inventor Zhang Zhangzhong made the little finger of his right hand longer and thicker based on the same principle (this was shown to investigators during the investigation). What's more, the situation introduced in the package is that the soft penis will become longer when stretched slightly, and it will expand when stimulated by the stretching structure. This occurs immediately. It is a common knowledge of the human body that a soft penis can/is easily elongated. The working principle of this product is obvious. Our company has made it very clear through relevant channels. Users can easily understand it. This is a phenomenon and design that no one can deny. Our company's "thickening underwear" has been produced and put on the market for more than 3 years. We have not found any users who have used it as required and it has no effect. Our company has not received any complaints from users. Some online agents have obtained three awards after selling our products for 3 years. It has a good reputation, thousands of users have given positive reviews, and the positive review rate is 100% satisfactory.

Moreover, there has never been "thickening underwear" in history. Therefore, the technology and method of use of this product have applied for invention patent protection, and there is no violation of Article 2 of the "Anti-Unfair Competition Law" The definition of unfair competition stipulates that there must be behavior that "damages the legitimate rights and interests of other business entities."

Therefore, the award activity of "China's No. 1 Underwear Quality and Reputation Brand" was participated by the Consumers Association of the State Administration for Industry and Commerce. It was recognized by the superior Zhanjiang Municipal Administration for Industry and Commerce and has been approved for outdoor advertising. Our company has used this award. The Zhanjiang Industrial and Commercial Bureau filed a case for inspection and found no illegal activities. The words "China's No. 1 Brand of Underwear Quality and Reputation" and "Growth and Thickness Exciting Type" printed on the packaging of our company's underwear are well-founded facts. "China's No. 1 Brand of Underwear Quality and Reputation" is not fabricated by us." The stretch structure of "thickening and thickening underwear" does exist and does not mislead consumers. It does not fall into the category of false propaganda as stipulated in Paragraph 1 of Article 9 of the Anti-Unfair Competition Law.

True promotion of products does not violate the "Anti-Unfair Competition Law" and is also in compliance with Article 9 of the "Advertising Law of the People's Republic of China". The company's product-related popular science knowledge promoted on product packaging has been reviewed and approved by national leaders and reported on the CCTV evening news. It is necessary for the company to explain on the packaging of the various series of products it produces, including "thickening underwear", and it must be explained. There is no need to hide it, and users have the right to know. In this case, on what basis does your bureau determine that the company's printing of "China's No. 1 Underwear Quality and Reputation Brand" and "Thickening and Exciting Type" on product packaging is a reflection of "the quality, ingredients, performance, use, manufacturer, and effectiveness of the product" What about "making misleading and false propaganda regarding the expiration date, origin, etc."? There is obviously no basis in the "Zhanxia Industrial and Commercial Municipal Administration Office Notice (2008) No. 01 Administrative Penalty Notice". A small sapling, if you bend it and let go, it will immediately bounce back and straighten. If you bend it again and let go, it will straighten again. However, if it is bent and fixed with a rope for a long time, the tree will bend and grow. When the sapling grows up, They will all be curved, can this be denied? No one can deny it.

The inventor of this product, Zhang Zhangzhong, is an inventor who has been engaged in professional research and production of functional underwear for more than 20 years from a clinician. This has never happened before in the world. Zhang Zhangzhong's invention and creation has technical content. Otherwise, I would not have applied for a national invention patent, nor would a well-known patent law firm in Beijing be so boring to represent this patent, nor would I have passed the substantive review of the State Intellectual Property Office.

Patented products must be creative, advanced, and practical. Before this technology, no one else in the world can own it and it cannot be known to the public. These three properties of the patented technology of this invention have been substantively reviewed by the State Intellectual Property Office and open to the public for review. Our patented products have become the new health care product and have been the original compartmental health care series for 20 years. Patented products that are “creative, advanced, and practical” cannot be false. The country has protected inventions and creative technologies through legislation. Article 6 of the "Law of the People's Republic of China and Domestic Product Quality" clearly encourages the use of advanced science and technology. Your office will impose penalties if you fail to deny this patented technology and its effects. , is not in line with the spirit of science, the spirit of law, and the spirit of the Three Represents of the Communist Party of China.

Pants are daily necessities. Unlike health foods, medicines, and medical devices, the law does not require verification or certification and approval by relevant departments. This patented technology for thickening underwear is classified into the underwear category after being reviewed by the State Intellectual Property Office.

It is a fact that many consumers know that Lijiali health underwear is a functional underwear. It mainly uses compartments to achieve dryness, breathability, prevent dirt accumulation, breed bacteria and odor. The separation will make this dry. It is common sense that there is no need to inspect the functions of Lijiali health-care underwear (you can see at a glance that the export of these functions can be exempted from inspection). The industrial and commercial bureaus in Zhanjiang have never asked for any other certificates when approving the production of our patented health-care underwear. We have been in business for 20 years and have been promoted by various media at all levels across the country, but no one has asked us to provide verification, certification or approval. In 2004, during the inspection by the Economic Inspection Section of Zhanjiang Industrial and Commercial Bureau, the relevant personnel responded to the functional verification of Lijiali health-care underwear and said: Of course, the health-care effect of Lijiali health-care underwear does not need to be verified by inspection. Isn't it just because it has gained public recognition after long-term use. In other provinces, our products were inspected by the relevant departments of a certain province. Finally, we were required to pass the bacterial culture test in accordance with the food hygiene inspection at the epidemic prevention station, and were issued a "Food Hygiene Certificate" that was perhaps the only outrageous one for ordinary underwear. Keep selling. Modern information transmission is accelerating, and force-added growth and thickening underwear has been accepted by many users. We have the right to develop new products, apply for patents, transform technology into productivity in accordance with the law, truthfully promote and introduce products, and provide services to users.

In history, the scientist who proposed heliocentrism for the first time was sent to the gallows. This was an anti-scientific criminal act by the reactionary rulers. This period of history cannot be "repeated". What is true is true. Science is science and must be respected. Just like the more than 20 years of history that have given the general recognition to Lijiali health underwear, the growth and thickening underwear has also gained users after more than three years of promotion. Through the disclosure and authorization of patents, it has become an open technology, and its working principle has gradually become a well-known fact. In order to safeguard the truth, scientists in history were not even afraid of beheading, which is worth learning from each of us who come after us. History will definitely give us justice.

Zhanjiang Shengli Garment Co., Ltd.

March 3, 2008