Brand customers’ products cannot be sold to others with a different logo.

This kind of behavior of changing the original logo and trademark without the consent of the original customer is not allowed. It is reverse counterfeiting and violates the regulations. The act of reverse trademark counterfeiting infringes upon the legitimate rights and interests of the trademark owner and violates the spirit of trademark legislation. The perpetrator should bear corresponding infringement liability.

Reverse counterfeiting is the “reverse” of counterfeiting. Since trademark counterfeiting refers to the unauthorized use of other people’s registered trademarks on one’s own goods, reverse trademark counterfeiting refers to the unauthorized use of other people’s registered trademarks on other people’s goods. The act of using one's own trademark without authorization is the act of using one's own trademark on goods produced by others without the permission of others.

Reverse counterfeiting case (Maple Leaf v. Crocodile):

Tongyi Company, the defendant authorized by Singapore Crocodile Company to sell its products, tore off the trademark on Maple Leaf trousers produced by Beijing Garment Factory No. 1 Afterwards, the products were sold under the Cartile crocodile trademark at a high price. As a result, Beijing Garment Factory No. 1 sued Tongyi and other companies.

There are two opinions surrounding the trial of this case. One opinion is that it is a trademark infringement, or reverse counterfeiting to be precise; the other opinion is that it is an act of unfair competition and is inconsistent with trademark infringement. Trademark infringement has nothing to do with it. The court finally made a judgment requiring the defendant to apologize and compensate in accordance with the General Principles of Civil Law and the Anti-Unfair Competition Law.

The court presiding over the case later wrote an article and pointed out that both the Trademark Law and the Anti-Unfair Competition Law could be applied to Tongyi Company’s behavior, but the plaintiff claimed that it violated business reputation and If an unfair competition lawsuit is filed, the court shall conduct the hearing in accordance with the principle of request by the parties stipulated in the Civil Procedure Law.