The preliminary judgment of suspected infringement is based on Article 36 of the Tort Law:
Network users and network service providers who use the Internet to infringe the civil rights and interests of others shall bear infringement liability.
Supplement: The purpose of the other party’s lawyer’s letter is to sue you for infringement and infringement of intellectual property rights. Please ask whether the other party is a book work or a patented product. Please add relevant information
That is about trademark infringement. The information is still incomplete. Only if the other party is a registered trademark or a well-known trademark, can we prohibit you from selling or promising to sell similar products
For trademark categories For infringement, the amount of compensation is stipulated in Article 56 of the Trademark Law: If it can be determined that you have infringed, it will be calculated based on the amount of profit you made from the infringement, or the amount of losses caused by the other party due to your infringement, or the actual expenses incurred by the other party to stop your infringement
According to your statement, you did not sell. Under this request, unless the other party can provide evidence to prove that you infringed the law and caused losses to them, you do not need to compensate.
However, it is recommended that you put it online Delete the information suspected of infringement and eliminate the impact to avoid infringement
Whether to cancel or not is the other party’s business. It is difficult for you to predict. You only need to do your part well and minimize the need for litigation. Just bear the responsibility
In fact, if you cause little or no harm to them, the other party will not sue you, because prosecution requires time and money, and the other party will evaluate the pros and cons before taking action. If conditions permit, more communication with the other party will help to resolve disputes peacefully
Whether it is the producer or the operator, if it causes losses to the other party, it must bear liability for compensation, and it does not matter whether it admits it or not. As for the issue of liability, you can refer to the legal provisions listed above to estimate the amount of compensation you need: if there is a gain, compensate for the gain, if there is a loss, compensate for the loss...
If you call again, you can ask the other party directly Whether compensation for losses is required, whether the other party has evidence to prove it, whether the other party has a registered trademark or a well-known trademark, etc.
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I saw you posted a lot of questions asking , which makes me feel that I didn’t explain things clearly. Let me add something to you before going to bed. The lawyer's letter is from the other party's lawyer. He is negotiating with you as an agent. It does not necessarily mean that he will sue you. It just says that he may sue you if you continue to infringe. What you need to do now is not to apologize in a hurry, but to communicate, including looking up the other party's information behind the scenes, processing information on the website, etc. If you want some reassurance, I can tell you this. If they have evidence to prove it, then what they send you is not a lawyer’s letter but a response leaflet from the court. Since they have not sued, you don’t have to panic
It’s late at night, go to bed early