Intellectual property infringement prevention tips, come and have a look!

Sunset Huang Hunxiao, sunset drunk sunset, everything is full of beautiful meaning, to busy cross-border electricity merchants, I wish you a good mood every day, and money will be earned every day. Of course, I want to earn a lot of money. In addition to operating its own e-commerce properly and mastering core strategic skills, it is also necessary to pay attention to avoiding legal risks brought by some intellectual property rights. Therefore, we should deploy prevention in advance when operating stores, so as to prevent problems before they happen.

I want to avoid a series of adverse effects caused by the infringement storm. First of all, we need to know about infringement. What is infringement? Infringement refers to an illegal act that infringes on the personal property or intellectual property rights of others and should bear civil liability according to law. Of course, as a cross-border e-commerce, the bosses often encounter intellectual property infringement.

Intellectual property rules protect the intellectual property rights of all sellers and restrict sellers from selling any unauthorized products. If a seller publishes or sells a product suspected of infringing the intellectual property rights of a third party, it may be complained by the intellectual property owner or the buyer, and the platform will also randomly check the information of the product (including the off-shelf product) and the product group name. If it is suspected of infringement, the information will be returned or deleted.

Let’s analyze the types of infringement, which can be divided into trademark infringement, patent infringement and copyright infringement.

Trademark infringement, which is the most common, is also the easiest for everyone to encounter, and it is also the heaviest punishment, so we should pay special attention. Without the formal authorization of the brand, it is an infringement to use the other party’s trademark in its own Listing title and any other visible place. In order to avoid trademark infringement and remind everyone to see imitation cards, international brands directly bypass. Patent infringement includes design patent, utility patent and invention patent. These patents are embodied in the appearance, technology and original invention of products. This needs to be distinguished according to everyone’s industry experience. It is suggested that those who are not familiar with the industry should not blindly follow and sell. For those who are difficult to judge, check more international trademarks and patents. Copyright infringement generally refers to the protection of their original works. For example, original pictures, patterns, packaging elements, videos, books, movies, music and other works. So what should we do specifically to avoid infringement? First of all, it is necessary to check before it is put on the shelves, not only for trademarks, but also for copyrights and patents. Don’t think that goods that have not been checked or found are not infringing. Secondly, pay attention to Listing, and don’t use the other party’s trademark name, especially product keywords, in the title link and description, which is easy to be complained. Don’t use other people’s copyrighted pictures in the main picture, and pay attention to the name and appearance of other registered trademarks or patents on the product packaging. For those who are not sure, it is recommended not to use it. In addition, counterfeiting is a more serious infringement. If your goods are very similar to well-known brands in shape (design /Logo), it belongs to counterfeiting, so you should avoid it.

Having said that, do you feel that everywhere will be complained of infringement? Of course not. As long as we are legal and take precautions in advance, we won’t step on the thunder. Don’t panic if you are complained immediately and the funds are frozen. Don’t worry too much, first of all, we should find out whether it is a real infringement. Because it doesn’t mean that all infringement complaints are valid, if they are not true infringement, the defendant actively responds to the lawsuit/requests the court to dismiss the plaintiff, or the defendant thinks that the court has no jurisdiction, he can apply for transfer to the competent court. Then the defendant should actively reply, put forward the defense reasons (non-infringement, invalidity, etc.), and counterclaim the plaintiff (declaratory judgment is invalid, non-infringement). For example, in the case of 2020-cv-07212, our customers were completely law-abiding and complied with the regulations of Amazon for xxx. They were complained of infringement because of for KTM, and the sales volume to Illinois in the United States was zero, and their products (motors) were completely different from those sold by KTM. In the end, we also successfully made the plaintiff take the initiative to compensate 5000 dollars through counterclaim, and at the same time unfrozen all the funds in the account to cancel the case! ThereFore, if the trademark is used in full compliance and legality, and for or Compatible with is added in front of the brand word, this will also be complained. It is suggested that you can organize a group to contact a quality service provider or lawyer to actively respond to the defense and have the opportunity to abort the whole case with zero compensation.

Thank you for reading, and today’s sharing is over. Maijia Support continues to bring you the latest infringement news. More exciting content can be found on the WeChat public platform-“Maijia Support” to instantly check the latest trend of your US case, whether there is a default judgment and the counterclaims of other sellers [real-time synchronization of US judicial case system data]. If a seller with frozen funds needs legal assistance in litigation and settlement, you can contact us through WeChat below, and we will provide you with the best legal consulting service.