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Is cybersquatting in Taobao trademark advertisements an infringement?
1. Is cybersquatting in Taobao trademark advertisements an infringement? The cybersquatting of Taobao trademark advertising words is an infringement. If the registered advertising words are added before and after the brand name named by Taobao without official authorization, it will mislead the public to some extent, which is an infringement. Whether adding words before and after the brand name of 1. Taobao title constitutes infringement depends on whether it will mislead the public. 2. Article 58 of the Trademark Law stipulates: "Where a registered trademark of another person or an unregistered well-known trademark is used as the font size in an enterprise name, misleading the public and constituting unfair competition, it shall be dealt with in accordance with the Law of People's Republic of China (PRC) on Anti-Unfair Competition." 3. According to the above regulations, adding words before and after Taobao's brand name is unfair competition and illegal infringement if it misleads the public, but it is not illegal if it does not mislead the public. Second, including general infringement and serious infringement: general infringement: 1, improper use of other people's trademark rights, copyright and other rights or use of Wangpu and domain names in published commodity information; 2, improper use of other people's trademark rights, copyrights, patents and other rights when selling goods; 3. The published commodity information or other information used causes confusion or misunderstanding by other users; Serious infringement: 1, publishing and selling books, audio-visual products and software that copy their works without the permission of the copyright owner; 2. Publishing and selling goods produced by registered trademark owners or their licensees in countries other than the country of origin of the goods. Interpretation: The general tort adds the modifier "improper" to the use of trademark rights and copyrights, including direct use, counterfeiting, transformation, homophonic behavior, etc., as long as it can cause others to misunderstand, it should be included. In addition, trademark rights and copyrights can be used not only for goods that are not directly sold, such as commodity information, wangpu and domain names, but also for goods that are directly sold. Must include pictures, audio and video, text, most of Taobao's infringement should be product picture infringement. Serious infringement is the direct sale of infringing goods without permission, which is even worse and the amount involved will be even greater. If the amount is too large, you can even be convicted. 3. What are the common types of intellectual property infringement in Taobao? A. Using other people's trademarks or names The so-called use of other people's trademarks or names means that Taobao sellers use other people's trademarks or enterprise names in their user names, store names or promotion, and engage in illegal business activities of similar goods, which not only constitutes infringement, but also constitutes unfair competition. What are the general types of intellectual property infringement behaviors of Taobao? What is the punishment after violation? B. Stealing words and pictures is the most common form of intellectual property infringement in Taobao shops. The so-called misappropriation of words and pictures refers to the unauthorized use (including secondary editing) of other people's original words, pictures (including product pictures) and videos on the shop homepage, columns page, window, baby details and other publicity pages without the permission of the original author or owner. Strictly speaking, many small sellers use secondary processed pictures from other stores. C. Pirated goods, a kind of intellectual property infringement of Taobao, are relatively bad. As the name implies, Taobao sellers illegally sell unauthorized paper and electronic publications, including pictures, words, books, videos, audio and e-books. D use other people's trademarks to mark Taobao sellers' use of other people's trademarks, modification, counterfeiting, etc. Directly on the homepage of its stores, column pages, product details pages, Ali Want Want, assistants and other unauthorized promotion units or websites are all infringement. E. Selling fake goods, an intellectual property infringement of Taobao, is extremely bad in nature. As a well-known brand, unauthorized sales are often of low quality and cannot be guaranteed after sale, which not only seriously damages the interests of counterfeit brands, but also infringes on the legitimate interests of consumers. F. Patent infringement of intellectual property rights In Taobao market, patent infringement generally refers to the illegal use of patents protected by law by others in the process of production and operation. Patent infringement includes invention patent infringement, utility model patent infringement and design patent infringement, the latter two are more common. In recent years, Taobao, as a new shopping method, is deeply loved by the public. In order to increase sales and exposure, businesses have made great efforts in baby pictures and advertising words. Some lawless elements want to get something for nothing and steal the fruits of others' labor for their own use. This kind of unauthorized take-out doctrine belongs to infringement, and the owner of advertising words has the right to sue.