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How to determine the subject of online trademark infringement

According to the characteristics of online sales, the main subjects of online trademark infringement include actual sellers of infringing goods, publishers of infringing information, network service providers and search engine providers. The obligations and legal responsibilities of the above entities will be analyzed one by one below. 1. The actual seller of infringing goods can be dealt with directly in accordance with Article 52 (2) of the Trademark Law. In the actual case handling process, because the information published by the seller on the Internet is not specific enough and the authenticity cannot be guaranteed, it is difficult to find the actual seller through the information published on the Internet. The Beijing Municipal Administration for Industry and Commerce requires online sellers to register with the Industrial and Commercial Bureau, which will help case investigators quickly determine the true identity of online sellers. This approach deserves to be promoted. 2. For situations where the publisher of online information is generally the actual seller of the infringing goods, it can be dealt with directly in accordance with Article 52 (2) of the Trademark Law. If the online information publisher is not the actual seller of the infringing goods, it can be characterized as a trademark that "intentionally provides warehousing, transportation, mailing, concealment and other convenient conditions for infringing the exclusive rights of others' registered trademarks" according to Article 50 of the "Regulations for the Implementation of the Trademark Law" Infringements will be dealt with. 3. Internet service providers provide sales platforms for online sellers and do not directly participate in counterfeiting and counterfeiting activities. As a provider of sales platforms, network service providers should fulfill certain obligations of care, otherwise they should also bear certain legal responsibilities. 4. Search engine providers, like Internet service providers, do not directly participate in counterfeit production and sales activities, but provide services for online counterfeit sales. Therefore, they must also fulfill corresponding duties of care, otherwise they will bear legal liability. The jurisdiction of online trademark infringement cases is generally under the jurisdiction of the people's court where the infringement occurred, because generally the place where the crime occurred is the location of the defendant. If the victim is harmed due to the perpetrator's infringement, he or she should file a lawsuit with the people's court. During the lawsuit, the people's court can be requested to order the infringer to stop the infringement, eliminate the impact and compensate for the losses.