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塔城市市场监督管理局:聚焦商标侵权突出问题 筑牢商标保护安全防线
Zhong Guo Shi Pin Wang· 2025-11-26 03:43
Core Viewpoint - The recent trademark infringement special rectification action by the Tashkent Market Supervision Administration aims to strengthen intellectual property protection and maintain market competition order by focusing on consumer hotspots and high-frequency infringement areas [1] Group 1: Action Overview - The enforcement personnel conducted on-site inspections, clue verification, and brand cooperation to accurately identify infringement clues [1] - The action focused on examining trademark elements such as packaging, text, patterns, and anti-counterfeiting marks to identify violations of well-known brand registered trademarks [1] - The principle of combining punishment with education was emphasized, promoting awareness of intellectual property protection among merchants [1] Group 2: Results and Impact - As of now, five cases have been filed, including three cases related to the infringement of the "Nanfu" registered trademark for batteries and two cases involving "SAMYANG" brand registered trademark infringements concerning turkey noodles [1] - The concentrated rectification has effectively purified the market environment and created a deterrent effect against illegal activities [1]
江苏省徐州市市场监管局发布2025“守护消费”铁拳行动典型案例(第六批)
Core Points - The Xuzhou market supervision department aims to enhance consumer protection by focusing on issues that significantly impact public welfare and safety, emphasizing strict enforcement against various illegal activities in the consumer sector [2] Group 1: Case Summaries - Case 1: A dental clinic in Xuzhou was fined 30,000 yuan for false advertising, including misleading qualifications of doctors not practicing at the clinic [3] - Case 2: A seller in Suining was penalized for selling 531 bottles of counterfeit liquor, with a total illegal revenue of 83,724.04 yuan and illegal gains of 30,807.36 yuan, resulting in a fine of 10,000 yuan [4] - Case 3: A cosmetics store in Jiawang was fined 20,000 yuan for selling prohibited food products, specifically capsules containing banned substances, with a total sales amount of 400 yuan [5] - Case 4: A trading company in Gulou was fined 40,000 yuan for misleading consumers by using the Li Ning brand logo without authorization, creating confusion about its relationship with the brand [6] - Case 5: A food store in Yunlong was fined 30,000 yuan for false advertising targeting elderly consumers, lacking scientific evidence for its claims about the benefits of its products [7]
治理网店经营者“找不到人”现象
Ren Min Ri Bao· 2025-11-17 22:40
(责编:杨光宇、胡永秋) 对于已有证据能够初步证明商标侵权行为存在的,市场监管部门可以通报电子商务平台经营者,告知电 子商务平台经营者依法采取知识产权保护措施。 对于当事网店经营者地址信息不实,无法取得联系的,市场监管部门应当通知电子商务平台经营者。电 子商务平台经营者应当在当事商铺和商品信息置顶位置进行显著标记,并通知当事网店经营者如实提供 相关信息和配合市场监管部门调查。 关注公众号:人民网财经 对于相关违法案件涉及多个地区的,规定各地市场监管部门管辖权限与协查要求。 本报北京11月17日电 (记者林丽鹂)市场监管部门在执法中发现"幽灵网店"问题突出,例如:市场监 管总局执法稽查局组织查处拼多多、淘宝、快手、京东等平台上涉嫌侵犯"胖东来"注册商标专用权的14 家网店,发现10家不在公示地址经营,其中8家无法找到。网店经营者"找不到人"现象比较突出,成为 市场监管部门查处网络侵权案件时面临的一个难点。为此,市场监管总局11月14日发布《电子商务平台 协助查处商标侵权案件规定(征求意见稿)》。 电子商务平台经营者违反相关规定,构成为侵犯他人商标专用权行为提供便利条件,帮助他人实施侵犯 商标专用权行为的,市场监 ...
新华解码丨聚焦“幽灵网店”商标侵权问题 市场监管总局拟出台新规
Xin Hua Wang· 2025-11-15 00:44
Core Viewpoint - The State Administration for Market Regulation has released a draft regulation aimed at addressing trademark infringement in the e-commerce sector, highlighting the challenges posed by "ghost stores" that complicate enforcement efforts [1][2] Group 1: Challenges in E-commerce Trademark Infringement - Trademark infringement in e-commerce refers to unauthorized use of registered or similar trademarks by operators on platforms [1] - "Ghost stores" often have false registration addresses and untraceable operators, making it difficult to enforce rights [1] - A significant case involved 14 stores on platforms like Pinduoduo and Taobao infringing on the "Pang Donglai" trademark, with 10 stores not operating at their registered addresses and 8 being untraceable [1] Group 2: Proposed Measures in the Draft Regulation - The draft regulation suggests that market regulation departments can issue a notice to platforms if there is preliminary evidence of infringement, requiring platforms to respond within 5 working days [1] - Platforms must notify operators of stores with false address information and prominently mark such stores and products to inform consumers [2] - Two core measures include requiring platforms to urge operators to provide accurate information and marking non-compliant stores to caution consumers [2] Group 3: Implications for E-commerce Platforms - Platforms may be held liable for aiding infringement if they fail to act upon evidence of trademark violations [2] - The regulation emphasizes the responsibility of platforms to ensure compliance and protect consumer interests [2] - The determination of trademark infringement in live streaming scenarios depends on whether consumers can recognize the trademark despite any modifications [2]
直通部委|10月份商品住宅售价环比和同比均下降 我国探明国内首个千吨级金矿床
Xin Lang Cai Jing· 2025-11-14 10:17
Employment and Economic Stability - The overall employment situation is stable, with the urban survey unemployment rate decreasing to 5.1% in October, down 0.1 percentage points from the previous month [1] - The average urban survey unemployment rate from January to October was 5.2%, with local registered labor at 5.3% and migrant labor at 4.7% [1] Real Estate Market Trends - In October, new residential sales prices in first-tier cities fell by 0.8% year-on-year, while second-tier cities saw a 2.0% decline and third-tier cities a 3.4% decline [1] - The second-hand housing prices in first-tier cities dropped by 4.4%, with second-tier cities down 5.2% and third-tier cities down 5.7% [1] - The spokesperson from the National Bureau of Statistics indicated that the real estate market is undergoing a transformation that requires time, and fluctuations in certain indicators should be viewed objectively [1] Bird Protection and Wildlife Crime - The Ministry of Public Security has launched a campaign to combat wildlife crimes, particularly those harming bird species, with a focus on dismantling criminal networks and seizing illegal tools [4] - The National Forestry and Grassland Administration reported an increase in protected bird species, with 1,028 species now classified as "three protected" [6] Gold Mining Discovery - A significant discovery of a low-grade, large-scale gold mine, the Dadongou Gold Mine, has been made in Liaoning Province, with a total metal content of 1,444.49 tons, marking it as the largest single gold mine discovered since the founding of New China [7] - The mine has a total ore volume of 2.586 billion tons and an average grade of 0.56 grams per ton, with a promising economic outlook for development [7] Healthcare Fraud Cases - The National Healthcare Security Administration has reported four cases of healthcare fraud involving pharmacies, with the highest case amounting to over 3.3 million yuan [8] - The cases include organized schemes to defraud insurance funds through false prescriptions and collusion with intermediaries [8] E-commerce Trademark Infringement - The State Administration for Market Regulation is seeking public input on new regulations to assist in addressing trademark infringement in e-commerce, highlighting the challenges posed by "ghost stores" with false registration information [9] - In the first three quarters of the year, 27,000 trademark infringement cases were handled, involving 468 million yuan [9] Three Gorges Project Development - During the 14th Five-Year Plan, the Three Gorges Project has allocated 46.91 billion yuan for 1,235 projects aimed at improving the livelihoods of relocated residents and promoting economic development in the reservoir area [10] - The average disposable income for rural migrants in the Three Gorges area is projected to reach 22,000 yuan in 2024, a 4.19-fold increase since 2010 [10]
中国拟出台新规查处“幽灵网店”商标侵权问题
Zhong Guo Xin Wen Wang· 2025-11-14 05:20
Core Viewpoint - China is drafting new regulations to address trademark infringement issues related to "ghost online stores" in the e-commerce sector, highlighting the increasing concern among businesses and consumers as e-commerce transactions grow [1][2]. Group 1: Regulatory Measures - The State Administration for Market Regulation (SAMR) has proposed the "Regulations on E-commerce Platforms Assisting in the Investigation of Trademark Infringement Cases" to clarify measures for addressing trademark infringement [2]. - The regulations require e-commerce platform operators to assist SAMR in investigating trademark infringement cases, including notifying them of any evidence of infringement [2]. - If a store's address information is inaccurate and cannot be contacted, SAMR will inform the e-commerce platform operator, which must then prominently mark the store and product information [2]. Group 2: Current Situation and Statistics - In the first three quarters of this year, SAMR handled 27,000 cases of intellectual property violations, with a total amount involved of 468 million RMB, and referred 742 cases to judicial authorities [1]. - The issue of "ghost online stores" has been particularly prominent, with 14 stores suspected of infringing on the "Pang Donglai" trademark, of which 10 were found not operating at their registered addresses, and 8 were untraceable [1].
青海省市场监督管理局 青海省知识产权局发布2025年10起商标侵权典型案例
Core Viewpoint - In 2025, the market supervision departments in Qinghai Province are actively combating trademark infringement, particularly in areas with high occurrences of counterfeit products, to ensure a safer consumer environment [2] Group 1: Daily Consumer Goods Trademark Infringement Cases - Case 1: A supermarket was found selling counterfeit "Nanfu" batteries, with a total value of 342 yuan and illegal gains of 108 yuan. The offender was fined 2,000 yuan and had all counterfeit batteries confiscated [3] - Case 2: A supermarket sold counterfeit "Yunnan Baiyao" toothpaste, resulting in a fine of 500 yuan and confiscation of 7 boxes of toothpaste. This case highlights the importance of consumer reports in identifying infringements [4] - Case 3: A supermarket was penalized for selling counterfeit "Hai Fei Si" shampoo, with illegal gains of 22 yuan. The offender was fined 500 yuan [7] Group 2: Alcohol Trademark Infringement Cases - Case 4: A wholesale store was found selling counterfeit "Wuliangye" and "Jian Nan Chun" liquor, with a total value of 5,640 yuan. The offender was fined 10,000 yuan [5] - Case 5: A store was penalized for selling counterfeit "Moutai" liquor valued at 21,000 yuan, resulting in a fine of 21,000 yuan [6] Group 3: Clothing and Footwear Trademark Infringement Cases - Case 6: A clothing store was found selling 454 pairs of counterfeit "Nike," "Adidas," and "Puma" shoes, valued at 50,000 yuan. The offender was fined 2,000 yuan [10] - Case 7: A store was found with 6 pairs of counterfeit "Nike" shoes, but due to the owner's lack of knowledge and minor violation, no fine was imposed, only confiscation of the goods [11] Group 4: Industrial Products Trademark Infringement Cases - Case 8: A company was penalized for selling 100 barrels of counterfeit "Zhigao" engine oil, with a total value of 25,000 yuan, and fined 75,000 yuan [12] Group 5: Production and Packaging Trademark Infringement Cases - Case 9: A biotechnology company was found producing counterfeit "Dahai" brand packaging materials, with a total value of 17,800 yuan. The company was fined 25,000 yuan [14] Overall Impact - In 2025, the market supervision departments in Qinghai Province demonstrated a comprehensive approach to trademark enforcement, emphasizing a balance of strict penalties and educational measures to enhance awareness of intellectual property rights among market participants [2][14]
有著作权发售游戏数字盲盒仍被判赔20万,江宁法院:属于商标侵权
Yang Zi Wan Bao Wang· 2025-11-06 13:01
Core Viewpoint - The court ruled in favor of Shengqu Games in a trademark infringement case against a digital collectible blind box seller, ordering the defendant to cease infringement and pay 200,000 yuan in damages for unauthorized use of the "Legend of Blood" trademark [1][2] Group 1: Legal Proceedings - The Nanjing Jiangning Economic and Technological Development Zone People's Court found that the defendant's use of the "Legend of Blood" registered trademark constituted infringement, leading to a ruling for Shengqu Games [1] - The defendant had marketed a digital collectible blind box claiming to be "officially authorized" by "Legend of Blood," which sold out 10,000 units without proper licensing from Shengqu Games [1] Group 2: Intellectual Property Rights - The court clarified that copyright and trademark rights are distinct forms of intellectual property, with copyright authorization limited to the reproduction, adaptation, and distribution of the game itself, not extending to commercial use of registered trademarks [2] - The defendant's reliance on copyright authorization from the IP holder of "Legend" was deemed insufficient for using a trademark that closely resembled Shengqu Games' registered mark, thus exceeding reasonable boundaries of copyright authorization [2]
新疆乌苏市市场监管局公布查处一起某店销售侵犯茅台注册商标专用权典型案例
Zhong Guo Shi Pin Wang· 2025-10-27 09:30
Core Points - The case involves a shop in Urumqi City, Xinjiang, which was penalized for infringing on the trademark rights of Guizhou Moutai Distillery Co., Ltd by using its registered trademarks without authorization [1][2] - The shop was fined 1,000 yuan and ordered to cease the infringing activities [1] - The incident highlights the prevalence of unauthorized use of well-known trademarks in the market, emphasizing the need for regulatory vigilance [2] Summary by Sections Trademark Infringement Case - On October 16, 2025, the Urumqi City Market Supervision Administration imposed an administrative penalty on a shop for selling products that infringed on the exclusive trademark rights of Moutai [1] - The shop was found to have used the trademarks "Guizhou Moutai," "MOUTAI," and related designs on its signage and interior without authorization [1] - The shop's actions were deemed a violation of the Trademark Law of the People's Republic of China [1] Regulatory Implications - The case serves as a reminder for market regulators to be vigilant about the unauthorized use of famous brand trademarks [2] - It underscores the importance of checking for proper authorization when businesses use well-known trademarks to avoid illegal practices [2]
国药集团,严正声明!
Zhong Guo Ji Jin Bao· 2025-10-17 12:28
Core Viewpoint - China National Pharmaceutical Group (国药集团) has issued a statement regarding its relationship with China Medicinal Materials Corporation (药材股份), emphasizing that it has initiated legal proceedings due to serious infringement by the latter [1][4]. Group 1: Shareholding and Ownership - China National Pharmaceutical Group's subsidiary, China Traditional Chinese Medicine Co., Ltd. (国药中药), has publicly transferred 25% of its shares in China Medicinal Materials Corporation to Shanghai Tianyue Tenghua Trading Service Co., Ltd. and will complete the share cancellation by September 30, 2025 [3]. - After the transfer, China National Pharmaceutical Group and its subsidiary will no longer hold any shares in China Medicinal Materials Corporation, and there will be no equity or control relationship between them [3][4]. Group 2: Legal Actions and Infringement - China Medicinal Materials Corporation has repeatedly used the trademarks and names of China National Pharmaceutical Group without authorization, constituting serious infringement, leading to the initiation of legal proceedings [4]. - The company has been urged to cease all unauthorized use of China National Pharmaceutical Group's trademarks and names, with a warning of legal consequences for any misrepresentation of association with the group [4]. Group 3: Historical Context and Current Status - China Medicinal Materials Corporation, originally named Huahao Pharmaceutical Co., Ltd., was established in 2000 with a registered capital of 100.58 million RMB and currently has multiple negative tags, including operational abnormalities and restrictions on high consumption [4][5]. - The company has faced legal disputes and complaints regarding unpaid debts to construction units and rural collective enterprises, indicating ongoing operational challenges [4][6].