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| Unregistered fraudulent use of a registered mark of consumers difficult to doubl |
Browse 1629 Time【Size B M S】Release time:2007-8-15 Print
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| Pay Miss West in Haikou liberation "Luomanqi" shoe store to buy a pair of shoes, bags, shoebox, shoes body, invoices on the "mark" is not the same news. Reporters recently learned that because Miss pay and operators as to whether the "double compensation" unable to reach a consensus, a pair of these shoes also pay Miss hands "stranded." Business proposal "rejects"
According to the Trade and Industry Haikou West Temple by the staff, merchants by fax by the book shows a sample shoebox "create attractive" trademark is registered, but after investigation, it was found on the body of the shoe string alphabetical drawings without a trademark registration, but businessmen in the shoe body "trademarks" marking the top right hand corner of registered trade marks. The business sector, with no registered trademark of goods to be sold on the market, in the absence of such businesses registered trademark registered on show signs of, and seeking business for rectification. Miss pay, merchants posted on the soles of shoes and labels on the body's "trademark" as misleading. Shoes and body on the trademark registration has not been "pretending" are registered trademarks, businesses exist integrity, and should double compensation. Miss pay for the request, the West Temple business only by the staff to make "Return to give businessmen" the mediation proposals, Miss pay double compensation if required, can take legal action.
Lawyer : double compensation may be required
Haikou legal hotline Yuan lawyers said that businessmen price tag on the "mark" and the shoes are inconsistent and the right of consumers to purchase certain misleading. After businessmen explained that the consumers that purchased shoes is to "create attractive" brand of shoes, but the shoes found on the body of "trade mark" not registered. Although not registered trademark of goods can be sold on the market, but the shoes on the body showed the use of the registered mark, not only to intervene in the business sector, but also for consumers there is a misleading message that the purchase is the brand of shoes, therefore, Yuan counsel, "Consumer Protection Law", Miss pay double compensation may be required. Yuan counsel, though the law requires that businesses and consumers but may also consider the business sector mediation proposal, but only for returns processing can be performed.
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