How long can the "jewelry frame" defending the counterfeit goods be "safe"?

Not long ago, Xuan Mingdian said that its five-legged stools and other products were copied, and submitted a letter to the Tmall.com store, "Hao Di Yasen"; recently, the top 100 furniture came to the news, v. Shanghai Zubilin Wood Co., Ltd. On the other hand, Bian’s life called its “more favorite bus bed” to be counterfeited, and the alleged copy was sold in a circle of friends...

Recently, “home plagiarism cases” have occurred frequently. Although some incidents have not yet confirmed the final result, it is undeniable that plagiarism disputes between furniture companies have already impacted the market order, and “similarities” between furniture products. It also often makes it difficult for consumers to choose. On the other hand, it is difficult to obtain evidence, difficult to defend rights, and difficult to supervise. It is also the dilemma that original design may encounter. Behind the success of the top 100 furniture and the “plagiarism” of many home brands, the “Beijing Youth Daily·Guangsha Times” explored more issues.

【event】

Top 100 furniture sued zubelin wood industry for infringement and received high compensation

Recently, the top 100 furniture said that the road to defending the rights of the "jewelry frame" that lasted for more than a year has finally been settled. It is understood that in 2016, Baiqiang Furniture discovered that Shanghai Zublin Wood Co., Ltd. (Stobelin Company) produced and sold a large number of top 100 patented products in its official website and Jingdong and Tmall flagship stores without permission, resulting in the legalization of the top 100 furniture. The interests have been seriously damaged. The Top 100 Furniture Company filed a lawsuit in Beijing Intellectual Property Court in November 2016. After a year of trials, the top 100 furniture won at the end of 2017, and the company made high indemnities and promised no more infringement.

In the lawsuit of Beijing Century Baiqiang Furniture Co., Ltd. to Shanghai Zubilin Wood Co., Ltd.: "The plaintiff has the design patent of ZL200830085077.9, named 'jewelry frame (q-10)', the patent was in 2009 6 Authorized on the 24th of the month, it is legal and valid. The furniture product of the model “Bouguzh zh-1” produced by the defendant and produced by the defendant on the website of the defendant Jingdong Company falls within the scope of protection of the patents involved in the law according to the law. The plaintiff’s design patent right. According to this, the plaintiff requested the court to order according to law: 1. The defendant Snapline stopped production, sales and promised to sell the products involved; 2. The defendant zubelin compensated the plaintiff for economic losses and reasonable expenses 380,000 yuan."

At this point, the top 100 furniture presented the "Beijing Intellectual Property Court Civil Mediation Book", the content shows that "after the signing of this agreement, the company will immediately stop all infringements of the design products of the Century 100 companies, including but not limited to Manufacturing, selling and promising sales, etc." At the same time, zubelin needs to pay the corresponding compensation to the top 100 furniture.

As of press time, "Beijing Youth Daily · Guangsha Times" found that the Jingdong platform has been removed from the "Baogu" products.

【behind】

Repeated rights to win

Appearance patents become a powerful weapon to protect original designs

In fact, the top 100 furniture is not the first time to defend the rights. At the beginning of 2015, after mediation by the Beijing Intellectual Property Court, Baiqiang Furniture and Beijing Bohang Yitong Decoration Materials Co., Ltd. (hereinafter referred to as “Yongtong Furniture”) reached a settlement, and the unified furniture guarantees no violation of the top 100 after signing the “Settlement Agreement”. The act of patenting furniture and compensation for huge compensation. At the end of 2016, the series of design patent infringement lawsuits of the top 100 furniture v. Tianjin Xuanyi and other companies won the lawsuit and received compensation.

“Some furniture companies believe that since they are publicly sold furniture products in the market, I can still produce and sell them as well, and lack the concept of respecting intellectual property rights.” The entrusted agent of Baiqiang Furniture and the lawyer of Beijing Zhongwen Law Firm Wang Guohua This is indicated.

In view of the current situation of domestic furniture enterprises in the protection of intellectual property rights, Chen Xiaotai, president of Baiqiang Furniture, gave two suggestions: “First, the furniture enterprise should apply for the design patent in time after the design is completed, and do not wait until the product is published before applying; Second, for a series of research and development of products, should apply for a series, to avoid omissions, such as a double sofa, corner sofa, etc., should be applied at the same time, the application of the picture should be clear and clear."

On the other hand, Wang Guohua further explained: “Furniture product design and maintenance rights are based on the identification and investigation and evidence collection of infringement. The pre-authorization investigation and evidence collection mainly focuses on the stability of patent rights (ie whether it belongs to the existing design) and evidence of infringement. Fixed, and the difference in infringing products."

"Mountain" furniture is more than a network platform

Regulatory form

From the furniture of Yunyu, the Yunyao chair refers to “the cottage”, to the Xuanming Dianju’s denunciation of the Tmall online store “Hao Di Yasen” to copy its “five-foot stool”, and then to the top 100 furniture “jewelry frame” was copied and defended. Winning, recently, the “plagiarism incident” in the home industry has occurred frequently. Some consumers bluntly said that when they buy furniture, they are suffering from "face blindness". They look like twin brothers, and the price and quality are far apart.

It is not difficult to find that the “plagiarism case” in the home furnishing industry in recent years has mostly occurred in the online platform. With the hot and messy e-commerce platforms such as Tmall and Jingdong, as well as the weak supervision of the “purchasing” group on social platforms such as WeChat friends circle and Weibo, various “cottage” furniture and “pseudo-import” furniture frequently appear. "Under the shelf" is convenient, the price is low, and consumers can't experience the true quality, which provides an opportunity for the "cottage" products.

On the other hand, the use of online platforms for “space-to-air” transactions has greatly increased the difficulty for consumers to demand after-sales service. It has become a breeze for businesses to close stores, delete contact information, and shirk responsibility. It seems that the time-saving and cheap, but may bury hidden dangers for the quality of life.

【sound】

Multiple brands have repeatedly denounced "counterfeiters":

"Inferior products will destroy the reputation of original brands."

Also recently pointed out that their products have been "plagiarized", as well as the children's furniture brands of Bian's life.

According to Bian’s life, as early as 2013, the Yudi series of his brand’s white huts were plagiarized by unscrupulous merchants for exhibiting. In the case that the warnings were still ineffective, Bian’s life had to be defended by the court. The staff of the center assisted in the temporary seizure. The newly-designed "more favorite bus bed" products have also been accused of being copied by multiple merchants, infringing the patent rights of Bian's life. Bian’s life said that legal means would be used to protect intellectual property rights.

“Many companies habitually enjoy plagiarism and exchange for the most lucrative business profits with the least cost and cost.” Ouyang Dongping, CEO of Bian’s life, believes that “the plagiarized products seem to be the same as the original in terms of appearance and material, but the original version. The manufacturing process and quality of the product are difficult to replicate. Copying the original authenticity with inferior quality is likely to ruin the consumer's reputation for an original innovation."

Without exception, many original brands have pointed out that behind the seemingly low prices of “counterfeit goods”, the quality and service are inferior. For consumers, the purchase of original products of formal brands is not only a respect for their intellectual property rights, but also a solid foundation for quality life. Once the "cottage" furniture has product quality and after-sales service problems, consumers often need to pay a higher price.

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