How to cooperate with brand infringement, low price and random price, unauthorized sales, and online anti-counterfeiting?
Hello everyone, this is Xinyang.
Recently, many brands have consulted me about what to do if there are problems such as low prices and random prices on the Pinduoduo platform, and many goods are sold on the platform at a lower price than the market, which often means that merchants are constantly compressing costs to maintain the best advantage. This has also led to many stores selling products at low prices without brand authorization, which may not only damage the brand image, but also lead to the loss of market share. In this regard, brands need to take a series of measures to control this phenomenon and protect their own rights and interests.
1. Analysis of brand unauthorized control strategies
When it is found that there are stores that are not authorized to sell, the brand should first adopt the strategy of offline communication. By contacting the store owner directly, we can understand their purchase channels, and at the same time make clear the position of the brand owner, and ask them to stop selling or join the formal authorization system. If the other party cooperates, a cooperative relationship can be established; If they refuse to cooperate, further legal means will need to be considered.
It is a common practice to find a lawyer and send a lawyer's letter. The brand owner shall entrust a professional lawyer to issue a formal lawyer's letter to the infringing party in accordance with the relevant legal provisions of the Intellectual Property Law and the Anti-Unfair Competition Law. The lawyer's letter will clearly point out the infringement and require the other party to immediately stop the sale and compensate for possible losses. The formality and legal effect of the lawyer's letter can often have a greater deterrent effect on unauthorized stores.
Second, it is necessary to adopt a more effective online maintenance strategy for the control of unauthorized stores
1.Strengthen monitoring: Brands should set up monitoring mechanisms on major e-commerce platforms such as Pinduoduo to detect unauthorized sales in a timely manner, record evidence, and provide support for subsequent rights protection actions.
2.Complaints and takedowns: Use the platform rules to complain about unauthorized products found. Platforms such as Pinduoduo often have complaint channels that allow brands to report infringements, and platforms will generally take down the shelves after receiving complaints.
3.Legal action: If the aforesaid measures are invalid, the brand owner should be prepared to initiate legal proceedings to pursue the infringer's liability through litigation. This step requires the preparation of relevant evidence, including proof of purchase of the product, screenshots of the infringing product page, etc.
4.Enhance consumer education: Strengthen the guidance and education of consumers through official channels to let consumers understand the importance of purchasing** and how to identify officially authorized products, so as to reduce the sales of unauthorized products.
3. Pay attention to avoid the minefield of Pinduoduo price control
1.Avoid monopoly: In the process of rights protection, the brand should avoid the formation of a monopoly situation. This means that the brand cannot restrict all price reductions of dealers, but should ensure the rationality and competitiveness of the market order.
2.Legal and compliant operations: All rights protection actions must comply with laws and regulations, including platform rules and national laws. Any illegal means may lead to legal risks for the brand itself.
3.Pinpoint the problem: When dealing with unauthorized sales, make sure you're targeting the real infringer, not inadvertently harming a compliant dealer or misinterpreting the platform's rules.
4.Maintain brand image: While protecting rights, brands also need to pay attention to the handling of public relations crises to ensure that rights protection actions do not damage the company's public image.
In short, brands need to take measures to protect their rights online according to their actual situation, so as to effectively protect their interests and brand image.