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One Underwear&Nbsp; Two Brands&Nbsp; 33000 Compensation; Who Will Bury The List Of Famous "Shirt Knocks"

2010/11/29 9:12:00 371

For one piece Underwear check evidence of both parties at court

If you are an online shopper, you will find a delicate and elegant bra product in the mail order catalog of McCullin in March. It is this product that has become the focus of controversy between the two brands today. This bra product appeared on the mail order catalog and B2C website of McCullin this issue is exactly the same as the Phoenix Tail Linglong Cup bra of Mombasa. Therefore, as underwear e-commerce brand The rising star's dream Basha will Women's wear The e-commerce ace McCullin sued in court.

Mengbazaar believes that there is not only photo infringement, but also physical infringement. The products infringed by McCullin are the main products of Mengbazaar, and Mengbazaar spent 15 million yuan on advertising alone. Moreover, since the price of the same product of McCullin is lower than that of Mengbazaar, Mengbazaar bears a certain return loss. Therefore, Mengbasha took McCullin to court and claimed 2 million yuan of compensation. In the court, McCullin admitted the fact of infringement, but for the huge compensation of 2 million yuan demanded by Mombasa, McCullin refused to agree, claiming that it could be considered within 100000 yuan.

Recently, McCullin, who had just completed its IPO in NASDAQ, received a judgment. The e-commerce company Mengbasha sued McCullin for infringement in the first instance, which identified McCullin's infringement, and awarded a compensation of 33000 yuan to Mengbasha. Mengbasha believes that the amount of compensation is too low and has lodged a complaint in Shanghai.

McCullin's response was that this incident was caused by the employee's unauthorized use of the other party's picture, which was indeed inappropriate, and he also apologized to the picture source. McCullin has dealt with relevant employees. However, McCullin said that there was absolutely no infringement in terms of copying the other party's style and other design aspects, and the style of this product was not owned exclusively by Mombasa. McCullin said that the incident did reflect the negligence of the company's management. Although a corresponding system has been established to manage pictures, it is still the staff who finally operate the Internet. Any improper use of pictures caused by human factors will bring disadvantages to the company. The staff of Mai Wang is numerous, so it is really difficult to take full control of it.

Mengbasha is a new retail enterprise that started from mail order and then developed into e-commerce. Its development path is the same as that of McCullin. As a rising star, Meng Basha, like McCullin, adopts the most popular B2C business model at present. The channel model of facing consumers directly through the huge network has very high requirements for products. From design concept to quality to product cost performance, the purchase concept of high-end audience groups requires that products must be innovative. In this case, if the products are the same, there will be losses to both the reference party and the referenced party to varying degrees. Who will bury the loss? {page_break}

The long-standing big brand "shirt bumping"

It is not uncommon for big brands to "hit the shirt", which is not only the similarity of products, but also the trademark logo、 Channel, marketing and other aspects are similar.

Clothing trademark is the symbol of clothing enterprises, which represents the reputation, product quality and market share of clothing enterprises. The emergence of famous brand trademarks is the result of garment manufacturers' insistence on their own quality supervision and brand maintenance for years. Generally speaking, consumers are willing to buy clothes with good quality and high brand awareness. If the trademark rights of garment enterprises are infringed, it will not only reduce the reputation of garment enterprises in the eyes of consumers, but also give some enterprises an opportunity to exploit legal loopholes. For example, the "D&D" trademark will easily confuse ordinary consumers with the well-known brand "D&G"; Italian "Woodpecker" brand clothing has been counterfeited by many small clothing manufacturers, and these clothing labels are hung with a bird like logo.

The most complicated debate was the "Crocodile" brand was hacked in August this year. This event not only has the basic characteristics of trademark imitation, but also makes people angry that some people use the Internet to reach out to "real crocodiles" - attack crocodile T-shirts with quite detailed stories and in the voice of consumers, and the big crocodiles have become suffering words. As the brand appeal of "crocodile" is growing, many fake products have begun to take the crocodile's idea. The real crocodile brands are the crocodiles in Hong Kong, Italy and Singapore, while the crackdown on "crocodile real body" has led to retaliation. If "crocodile" is bitten, it will not be able to recover with tens of thousands of yuan of compensation, It may take longer than creating a brand to rebuild consumer confidence.

In addition to trademarks and brand names, in the clothing industry, the similarity of products is the most taboo for businesses, because products are the part directly facing the end consumers, and are the most powerful weapon for a brand to establish market influence. The shaping of product brands and the establishment of image depend on the uniqueness of products. At the same time, the similarity of products is also the most difficult to avoid. The design factors are diverse, and it is inevitable that the same elements will appear in the products. In the case of Mengbasha suing Macaulin, the main sticking point is that the products of the two companies are almost the same. Although Macaulin has apologized to the picture source, it also stated that there is absolutely no infringement in the design of copying the other party's style, and the style of this product is not exclusive to Mengbasha. Whether this bra of Mombasa is a unique product and how to fortunately and effectively maintain its own products are the primary issues that businesses need to consider when the Internet is increasingly developed and e-commerce is gradually entering people's daily life. {page_break}

Calling for the era of "original design"

A bra shows the problems exposed in the rapid development of China's clothing industry. Clothing, which has changed from a simple function of keeping out cold to an item of beautifying people's life today, is an indispensable necessity in people's daily life. The benign development of the clothing industry is an important driving force to promote the steady development of the market economy. How can garment enterprises rely on their own ability to avoid being copied and identical? According to the current relevant laws and regulations in China, garment enterprises can refer to the following methods to protect their brands from infringement:

First, trademark registration and renewal should be carried out in a timely manner. According to the provisions of the Trademark Law of China, the protection period of registered trademarks is 10 years, which can be renewed after 10 years. Therefore, garment enterprises should renew their trademarks in time after registration to avoid unnecessary legal disputes.

Secondly, in order to prevent similar cases of counterfeiting registered trademarks, garment enterprises should fully register according to the characteristics of their own brand trademarks. On the one hand, all similar patterns and characters or patterns and characters that are easy to be misunderstood were registered, such as "Hongdou", "Xiangsidu" and other similar or easily misunderstood characters were fully registered for Hongdou shirt; On the other hand, it is necessary to expand the application field of registered trademarks. For example, in addition to registered footwear products, red dragonfly leather shoes are expanded and registered in clothing, bedding, household appliances and other products.

Thirdly, when it is found that products with fake or counterfeit enterprise trademarks have been sold on the market, clothing enterprises should collect evidence in a timely manner, such as infringing products, the sales location of infringing products, and the number of infringing products. After obtaining sufficient evidence, the enterprise, on the one hand, contacted the administrative department for industry and commerce to check counterfeit products; At the same time, he filed a lawsuit to the court and obtained compensation for infringement losses and rights protection costs through the court trial.

At the same time, some experts pointed out that e-commerce is one of the most promising sales models at present, but it is precisely because of the rapid growth of demand that it is inevitable to lead to infringement or non-standard management. In the future, when the e-commerce market becomes more mature, relevant laws are needed to regulate the operation of such enterprises. Therefore, it also requires garment enterprises to strengthen self-discipline, focus more on product research and development, and produce unique products to truly occupy the market.

The year 2010 is the last year of the "11th Five Year Plan", the crucial year for whether China's economy can continue the recovery trend, and the year for the preparation of the "12th Five Year Plan". The "12th Five Year Plan" in the future will be a critical period for "Made in China" to realize industrial transformation and leapfrog upgrading. Chinese garment enterprises need to take precautions, scientifically formulate their development strategies and implementation plans for the next five years, transition from "Made in China" to "Created in China", and from "Big country in clothing" to "Strong country in clothing" Marching is a macro concept guiding the future development of garment enterprises. Specifically, within garment enterprises, investment in product research and development should be strengthened. Plagiarism, shirt smashing, similarity and infringement have seriously hindered the establishment of garment brands. Throughout the nearly 30 years of clothing development history, consumer demand is the market vane that guides the development of clothing enterprises. With the change of consumer awareness, clothing with unique design concepts is the hot spot in the market. On the future development path of clothing enterprises, attention should be paid to the development of self-designed products, from the small design of clothing details to the "original design" of clothing concepts, Is an effective way to eradicate product plagiarism disputes.

Comments

How can brand cultivation "drink poison to quench thirst"

Many people will subconsciously equate the lawsuits of these two famous brands with "hype", which can be analyzed in detail. In the current environment, the national and local governments have fully affirmed and supported the independent innovation strategy of garment enterprises. However, Mombasa is really angry, and this is not hype. On the one hand, the enthusiasm of garment enterprises for independent innovation, R&D and design was seriously dampened. The spokesperson of Mombasa once asked helplessly: "Why innovate without protection?"; On the other hand, what kind of sound mechanism should be used to protect the interests of enterprises from infringement and provide a fair and reasonable competition platform for the emerging forms of e-commerce, so as to promote the continuous progress of enterprises in the market competition. At the same time, we should also rely on the test of the market to eliminate the fittest. There are no standard answers to these questions in the marketing form of e-commerce, where relevant laws and regulations are in a vacuum stage.

McCullin believes that it is just "careless" to use the pictures of Mombasa, or it may be the result of the enterprise employees' "trying to save time". The first thing e-commerce terminal consumers face is the appearance of the product, and the texture and fabric are the behavior after purchase, so the key to decide consumers to choose is the appearance of the product, The picture here represents not only the external style of the product, but also the design concept that the product can provide for consumers to the maximum extent.

China is transiting from a big manufacturing country to a strong manufacturing country, and brand cultivation is particularly important. Brand concept can be regarded as the soul of a service enterprise, and it is the spirit of the enterprise. It seems that an careless act may save time, but it is tantamount to drinking poison to quench thirst. It not only shakes the market position of two big B2C enterprises, but also harms consumers' psychology. It is urgent to strengthen the self-discipline of enterprises to establish a fair and sunny competitive environment while calling for the introduction of laws and regulations.