If you imitate a certain brand of clothes for sale, your behavior infringes on the brand's patent rights. Even if you replace it with your own trademark, it is still an infringement and you must bear the losses caused to the brand according to law.

Using the brand’s images online infringes upon the copyright of the image producer and is also illegal. If the copyright owner sues, the court will award compensation.

Extended information

According to Article 9 of my country’s Anti-Unfair Competition Law, the specific forms of infringement of trade secrets include the following:

1. Obtain the right holder’s business secrets through theft, inducement, coercion or other unfair means. The so-called theft of trade secrets includes theft by internal personnel of the unit, theft by external personnel, theft by internal and external collusion, etc.; the so-called obtaining of trade secrets by inducement usually refers to the perpetrator providing property or other means to the person who holds the trade secret. Preferential conditions to induce others to provide trade secrets to the perpetrator; the so-called obtaining trade secrets by coercion means that the perpetrator uses threats and coercion to make others provide trade secrets under compulsion; The so-called obtaining business secrets by other improper means refers to other illegal means other than the above-mentioned behaviors.

For example, through business negotiations, cooperative development and research, study visits and other opportunities, or to spy on other people's business secrets, etc.

2. Disclose, use or allow others to obtain business secrets through improper means. The so-called disclosure refers to disclosing the right holder's business secrets to a third party or to unspecified other people, so that it loses its secret value; the so-called use or allowing others to use it refers to the illegal use of others.

Specific circumstances of trade secrets. It should be pointed out that if an actor who obtains a trade secret by illegal means discloses or uses the secret again,

it will constitute double infringement; if a third party learns the trade secret from the infringer and Disclosure or use of secrets also constitutes infringement.

3. Violate the agreement or the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession. The person who legally possesses the trade secret may be the other party who has a contractual relationship with the obligee, or may be a staff member or other insider of the obligee's unit. If the above-mentioned perpetrator violates the contract or the regulations of the unit, Obligation of confidentiality,

Unauthorized disclosure of trade secrets in his possession, or use by oneself, or allow others to use, constitutes infringement of trade secrets.

4. The third party still obtains, uses or discloses the business secrets of others from the infringer even though he knows or should know about the aforementioned illegal acts. This is an indirect infringement.

The perpetrator knows that it is another person’s trade secret and knows or should have known that it is a trade secret infringement, but still obtains, uses, and discloses the secret. Therefore, the law also regards this behavior as a trade secret infringement. to treat.

Baidu Encyclopedia-Legal Network