Consultation time:2011.09.14

Response time requirements:2011.09.15

The consultant:FoshanXXXCompany Miss Zhang

Case synopsis:

The company found Taobao mall, personal real name to open shop in the online sales of low-priced products of this company, seriously affecting the price control in China around the market and business plan.

Q: the business about150Home. How to stop this behavior? The cost to collect?

My answer:

If the source Taobao mall, personal name shop of legitimate goods, and sell at a reasonable price, is protected by law.

However, the company can request to shop online delivery provider channels due to inadequate control of the company to undertake certain responsibility. Of course this responsibility requires the prior agreement.

In fact, this kind of situation the company encountered exists at home.

Recommended reading:

"Jingdong selling unauthorized cosmetics channels competition to be staged",Http://www.ebrun.com/20110822/31685.shtml.

The main legal basis:

"Trademark law"
Fifty-second Whoever commits one of the following acts shall be an infringement of the exclusive right to use a registered trademark:
(a) without the trademark registrant licenses, identical or similar to the registered trademark of the trademark on the same kind of goods or similar goods with the use of;
(two) salesViolationRegistered trademark for goods;
(three), or to make others forgedThe registered trademarksOr selling counterfeit, or to make the marks of a registered trademark;
(four) without the trademark registrant agrees, the replacement of the registered trademark and theReplacementTrademark goods into market;
(five) to others registeredThe exclusive right to use a trademarkCausing other damage.
   Fifty-third one of the trademark infringement behavior listed in the fifty-second article of this law, disputes, settled by the parties through consultation; unwilling to negotiate or fail to reach an agreement, the owner of a registered trademark or any interested party may bring a lawsuit to a people's court, or request the administrative department for Industry and commerce. The administrative authority for Industry and commerce, that the infringement is established, shall be ordered to immediately stop the infringing act, confiscate, destroy the infringing goods and specially used to manufacture the infringing goods, counterfeit registered trademark signs, and may also impose a fine. If a party refuses to accept the decision on the treatment, can be fifteen days in accordance with the "administrative procedure law" of the people's Republic of China to the people's court from the date the notification is received; where the infringer neither brings a suit nor complies, the administrative department for Industry and Commerce may request the people's court for compulsory execution. The administration departments for Industry and commerce according to the request of the parties, mediation may be conducted on the amount of compensation for infringement of the exclusive right to use a trademark; if the mediation fails, the parties may apply to the people's court in accordance with the "PRC Civil Procedure Law".

"Anti Unfair Competition Law"
Article fifth the operators shall not adopt any of the following illegal means in market transactions, to damage competitors:
(a) the counterfeiting of registered trademarks;
(two) the name, the unauthorized use of a well-known commodity specific packaging, decoration, or name, using the approximate and famous product packaging, decoration, and others caused confusion with the well-known commodity, so that the buyer is mistaken as the well-known commodity;
(three) unauthorized use of someone else's business name or name, cited people mistakenly think that the goods of others;
(four) on the goods to forge or falsely use authentication marks, famous and excellent product marks, forge the origin of a product, as a misleading indication on the quality of goods.

The implementation of "the people's Republic of China, the Anti Unfair Competition Law" way of Guangdong Province

Between fifteenth operators not to contract, agreement or other methods combined with designated market, commodity prices and sales limited. The provisions of the laws, rules and regulations provide otherwise, the provisions.

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