How to cooperate with unauthorized sales, online anti-counterfeiting, and low prices?
Hello everyone, this is Xinyang.
Recently, many brands have consulted me about what to do if there are problems such as unauthorized online sales, and the rise of e-commerce platforms has made many offline merchants sell through online methods and expand their business models. However, this also brings with it some new problems, especially when it comes to brand protection. One of the most common is the unauthorized third party ** on the sale of brand products, which not only infringes the intellectual property rights of the brand, but also has a negative impact on the brand's image and market order. So, how should brands deal with this situation?
1. If the store sells without authorization, the platform will not accept the following 3 situations:
1.Unauthorized sale of the trademark or sale at a low price: If the brand does not explicitly authorize the seller, or if the seller's sale is lower than the market price specified by the brand, the platform will usually not directly accept the complaint. This is because as an open e-commerce platform, its responsibility lies in providing a trading venue, rather than regulating the legitimacy of each transaction. Therefore, brands need to protect their rights and interests through other means.
2.Intellectual property rights are being accepted: If the brand's intellectual property rights are in the process of application or review and have not yet obtained a formal registration certificate, the platform may not accept relevant infringement complaints. In this case, the brand owner needs to wait for the IP to be officially approved before taking further action.
3.Fair use of trademarks: In some cases, even if a seller uses a brand's trademark, the platform may not accept a complaint if it is used in a way that complies with the law's "fair use" principle, such as to describe the product rather than as a trademark.
2. Is rights protection important for brands?
1.Maintain brand image: Unauthorized sales practices can lead to unguaranteed product quality, which can damage consumer trust and loyalty to the brand.
2.Protect market share: Avoid market chaos caused by low-price sales, and maintain the stability of product pricing strategy and market share.
3.Prevent counterfeit and shoddy: take timely measures to prevent counterfeit and shoddy products from entering the market, affecting sales and consumer interests.
4.Legal risk prevention: reduce legal risks through rights protection and avoid legal liabilities and economic losses caused by infringement.
3. The complainant may defend its rights and interests through intellectual property infringement
1.Submit an intellectual property complaint: The brand can submit a complaint through the intellectual property protection system of the ** platform, provide the necessary evidence materials, and request the platform to take action against the infringing store.
2.Legal action: If the platform complains to no avail, the brand owner can take legal measures and file a lawsuit with the court to demand that the infringing party stop the infringement and compensate for the losses.
3.Administrative complaints: The brand owner can also file a complaint with the administrative department for industry and commerce or the Administration for Market Regulation, requesting the administrative authority to intervene in the investigation and handling of the infringement.
4.Through infringement, increase the public's attention to the protection of brand rights and interests, and at the same time form the first pressure on the infringing party.
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.