Due to Beijing Shangpin Baizi Electronic Commerce Co., Ltd. in its business is still selling fake Burberry products and unauthorized use of Burberry trademark, yesterday morning, Chaoyang Court of First Instance ruling the company to stop infringement and abnormal competition, and compensation Burberry brand side of the The economic loss of 1.8 million yuan.
According to Burberry brand side sued, since 2011, Shangpin Bazhi company without permission in its website continue to highlight the use of the company registered trademarks, show the company’s copyright posters, photos, and publicity sales fake Burberry goods. In November 2013, Shangpin Bazhi company in the still goods network and the day cat mall “Shangpin Oulai official flagship store” were sold in a wallet and a shirt, identified as fake Burberry trademark goods.
In December the same year, the Beijing Customs seized three batches of goods for the actual consignee counterfeit Burberry trademark of imported goods, involving the value of goods 589 million yuan, the total profit is expected to more than 2,000 yuan. After the Beijing Customs on the still goods company has made administrative penalties. Chaoyang District, Beijing Trade and Industry Bureau of its administrative penalties. But until December 2015, Shangpin Bazhi company is still in use in the use of trademark. In addition, the goods are still in the market and Baidu entry has been declared “official authorized 100% authentic” and in the site prominently, special activities, columns, the use of corporate trademarks, etc., to this end, the plaintiff sued a total of 5 million claims yuan.
Shangpin Bazhi company said the plaintiff accused of selling fake wallet and fake shirt lack of factual basis, and the customs seized three batches of false Burberry without prior knowledge. Publicity “official authorized 100% authentic” is not false propaganda, but the company’s business pursuit.
The court that the Burberry brand side of the money from the purchase of money is the counterfeit Burberry trademark goods, and from the seizure of the situation, there is reason to doubt that the company is selling a large number of “Burberry” products Other counterfeit goods. The sale of fake and unauthorized use of Burberry trademark behavior, constitute a violation of Burberry company registered trademark exclusive rights behavior.
At the same time, Shangpin Bazhi company in the process of importing products involved should be aware of infringement products, but still implement the import behavior, should bear the liability. And from the still goods company is not authorized to use the Burberry trademark, and the goods are popular in the network of “Burberry” brand story and authentic identification method and Burberry’s actual does not match, the court finds that the company does not constitute a legitimate behavior The