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Self-employed businessmen sued for trademark infringement scam

Legal analysis: If it is determined to constitute infringement, the fact that the store is not currently operating cannot be a defense for not being liable for previous infringements. For individual industrial and commercial households, individuals as operators need to bear joint and several liability for compensation. It is recommended to hire a lawyer to actively respond to the lawsuit and see if there are other reasons for not paying compensation.

Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts is an infringement of the exclusive right to register a trademark:

(1) ) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Using the same kind of trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant Similar trademarks, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Counterfeiting or manufacturing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Replacing the registered trademark without the consent of the trademark registrant and replacing the replaced trademark The goods are put into the market;

(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Giving Any other damage caused by the exclusive right to use a registered trademark of others.