One hundred hardware shop owners from multiple towns and streets in Dongguan were collectively sued by a Xiamen wheel company. They were accused of selling counterfeit "one-to-more" wheel products. Since October last year, the company has carried out anti-counterfeiting investigations and evidence collection on more than 400 hardware stores in Dongguan, and has selected 275 of them for litigation. The 100 companies that have already started trials are its first batch of lawsuits. Some shop owners have found many loopholes in the company's anti-counterfeiting activities by forming Q Q group discussions and asking lawyers to fight together.
The Xiamen company's footprint in counterfeiting and defending rights has spread throughout the country. In a number of large and medium-sized cities, large-scale and medium-sized lawsuits against hardware store owners have almost ended in the defendant's defeat. When they pointed their finger at Dongguan, they accidentally hit a "nail"-this class action has been in court for more than two months, and no verdict has been pronounced yet-the Dongguan hardware store owner is currently joining Shenzhen, Huizhou and even colleagues across the country , Trying to reverse this "one-to-many" lawsuit into a "many-to-one" game. [ Detailed ]
In 5 years, nearly a thousand counterfeit merchants have been brought to court. Who can afford it? Recently, a Xiamen enterprise, Xiamen Yixin Grinding Wheel Co., Ltd. (hereinafter referred to as Yixin Grinding Wheel), stood on the defendant's table for counterfeiting. Was questioned for "fishing and counterfeiting." The many years of "anti-counterfeiting" of a new grinding wheel have also surfaced. Behind the incident is the chaos of the hardware industry's difficulty in defending rights and the accumulation of fake goods.
"90% fakes." This is the survey data given by Zhuo Shihao, which also reflects the chaos of fakes in the hardware industry. "People rarely pay attention to the hardware and usually do not use many opportunities." Mr. Lin, an industry insider, said that the phenomenon of many products and miscellaneous brands is very serious. It can be said that it is a counterfeit distribution center, but it is difficult for the common people to distinguish, but The profits of fakes are high. "Many of our customers will also complain to me that selling ten boxes is really 'one more than one' and has not sold a box of fakes and made a lot of money." Zhuo Shihao reluctantly shook his head. He originally planned to enter the Guangxi market because of fakes. The flood of goods has been difficult to break into. "Anyone who mentions" one more than one "will be scolded and said to be garbage." Zhuo Shihao said. [ Detailed ]
Recently, China Abrasives Forum has a "Maintain Justice!" Down with more than one! ”Posts caused hot discussion among netizens,“ one more than one ”and the hardware store owner scolded again to upgrade.
Netizens [Down One More] Diving and bubbling jars! I was the victim of one-to-one counterfeiting ... After selling dozens of dollars, I was sent to court, saying that tens of thousands of yuan of compensation would be paid ... What is fair? There are people in the fishing pit. I've been busy this year. Old and young people have earned tens of thousands of dollars when they have no time to take care of them. Will they accompany them in the blink of an eye? ? ? It ’s obvious that there is no place to reason, who can give us ordinary people a fair justice!
Netizen [Yixin] asked the landlord three times: Didn't you really sell counterfeit products? Are you afraid of mosquito bites if the eggs are not stitched? Who will protect the interests of one-to-many, because everyone sells fake one-to-many, and one-to-many has already become a bad card. Do you dare to say that this has nothing to do with you? . [detailed]
Counterfeit goods are rampant in the market. Many customers call "garbage more than one" when they say they are rubbish. Counterfeits have occupied a large market. What can we do? We can only counterfeit! Since the counterfeiting and rights protection, a new sales volume is not only Instead of rising, it has risen. If we do not crack down, our sales and brand image will be affected.
Our company cracked down on fake products for six years and deeply felt the difficulty of defending intellectual property rights, but no matter how difficult it is, for the development of the company and for the brands that have been arduously cultivated by our generations, we use legal means to safeguard the legitimate rights and interests of the company and save the brand The approach and determination will not change, and we will never compromise with the counterfeiters! [Detail ]
In the previous process of rights protection, we encountered various situations: some merchants selling fakes, relying on a large number of people, they made joint disturbances, boycotted reconciliation, compensation, and even blatantly declared in a 彩乐乐网paper that they "fought to the end" with us; Some merchants lacking common sense in law even slander our "fishing and counterfeiting". We do not know that the so-called "fishing" is aimed at unspecified subjects, and there is no clear target, and the Internet is widely spread. The targets of our counterfeiting are specific, and there is sufficient evidence to It proves that there is an act of selling counterfeit "One to More" products of our company, so we are obviously not "fishing and counterfeiting". [ Detailed ]
The name "one more than one" is no stranger to Wen Jibiao. He said that he remembered that at the beginning of October last year, someone had come to his store to sell "one more than one" brand of cutting wheels. He asked for two boxes for trial sale. Someone came to buy the product in late October. It turned out that this buyer was a counterfeit agent of a new company.
"It didn't take long for me to receive the subpoena, and a person who claimed to be an attorney for a new company called and suggested that I settle a settlement of 12,000 yuan." Wen Jibiao immediately discovered that a colleague from Changan also received a similar subpoena, and the colleague paid directly 30,000 yuan to settle with a new company. [ Detailed ]
A new company's trademark right expires on May 27, 2013. A new company adopted a large-scale lawsuit to protect its rights before the expiry of the trademark right. In fact, it used the trademark right in its hands and sought to use law as a means to obtain it. Legitimate but unreasonable interests. According to the hardware store owner's statement, the sales of one-to-more grinding wheel chips are very small, and the profit for a year is no more than tens of yuan, and the compensation amount for a case is initially 15,000 yuan, which is equivalent to one year's normal sales profit. Tens of thousands of times, a new company's anti-counterfeiting practice has violated the original intention of the legislation and also violated the original intention of the law. [ Detailed ]
What is wrong, is this industry that has been counterfeit? After all, it is driven by interests. The owners of the abrasive and abrasive tools said: Xinxin has no longer produced one-to-more grinding wheels. Now Xinxin, who is at the end of the road, wants to use fishing to catch the last forgery, and this far exceeds the benefits of producing grinding wheels. : Many of our customers will also complain to me that selling ten boxes is really "one more than one" and has not sold a box of fakes.
The author has no intention to argue the right and wrong of the "one-to-many" case. The relationship between the manufacturer and the dealership is dependent on each other. The fight between the lips and teeth is likely to be a lose-lose situation. The author's sword refers to the outsiders and creators of this incident-counterfeiters, which extends to our entire industry. It can indeed be interpreted that some brand companies in the industry are being eaten by a group of profit-only counterfeiters. These counterfeiters are not satisfied with the profitability of the brand companies, and want to "deceive the world" to get a profit! [Detailed]
We respect the legal validity of the intellectual property rights of others and look forward to receiving the same respect that others have for our own intellectual property rights. If our intellectual property is not respected, we will not hesitate to take immediate action to defend our rights. Some time ago, Xiamen Yixin Grinding Wheel Co., Ltd. (hereinafter referred to as Yixin) sued 275 hardware stores in Dongguan for infringement and other series of cases. Bringing intellectual property to the company's agenda is a lengthy and controversial process, and nothing can cause fierce disputes as easily as it does. However, almost overnight, the entire company recognized the importance of intellectual property, a recognition that was a potential benefit that could translate into positive impact. With the continuous development of property rights disputes, problems that need to be solved continue to emerge, which is the perfect opportunity to test whether the property right maintenance system of an enterprise has vitality. Although it is possible to lose property lawsuits, the accumulated experience is a long-term wealth for the company. [detailed]
In this fight against counterfeiting, whether right or wrong is right or wrong, may not be judged at this time. Who did the "one-to-many" counterfeit hurt? Some netizens accused "one more than one" of bereavement, and some thought that "one more than one" counterfeiting was reasonable and legal. From an outsider's point of view, the issue of "one-to-many" anti-counterfeiting has its own reasons. The two sides have been harmed to varying degrees, but each should bear corresponding responsibilities. If "one more than one" is not malicious counterfeiting, then it should also be held responsible for the flood of fakes in the market. "One-to-many" does not pay attention to the protection and use of appearance patents, which provides opportunities for counterfeiters. For those hardware store owners who are being sued, even if a new company is suspected of "fishing and counterfeiting", these store owners are not completely innocent. They really should learn lessons from this matter, improve the legal awareness of intellectual property protection, and regulate the channels of purchase, etc. will greatly avoid legal risks. [detailed]