True and false sand wheel fish eye mixed with many hardware stores were fishing fake

On May 7th, the merchants who received the “one-to-many” counterfeit complaints and subpoenas and the merchants that had encountered the same before, questioned the other party’s “fishing” and counterfeit, and collectively stood up to defend their rights.

On May 10, Wang Xiaozhi and Wang Zaizhi, who were over 60 years old, sat in the shop of Lantian Electromechanical Hardware Tools Market in Linyi City, Shandong Province, holding a court summons. The complaint received stated that they sold a box of counterfeit “one-to-many” brand of grinding wheel cuttings at a price of 10 yuan, infringing the plaintiff’s trademark exclusive right, and was required to compensate for economic losses and rights protection costs totaling 34,010 yuan. Someone is on the door to sell, and it is a common practice to leave a few samples to buy this. Why do you become an infringer and sit on the dock? The old couple are puzzled.

Since last year, more than 10 merchants in the Lantian electromechanical hardware tools market have been sued by “one to many” manufacturers. The experience is also strikingly similar. First, there are strangers who come to the door to sell, and then someone named it to buy, and then went to the door to ask for private, if not to go to court, ask for high compensation. After deliberation, everyone unanimously suspected that they had encountered "fishing" and faked.

Is it a good bureau or a legitimate rights act?

When talking about becoming a defendant, Wang Rezhi’s old man is anxious and angry. “Many of the products we sell in our stores are sold by the salespersons. We leave the samples in the store and try to sell them. If they sell well, we will continue to cooperate. If the sales are not good, we will sell them again. The staff took it away. This time, the so-called 'one-to-many' grinding wheel cutting piece that led me to the lawsuit was so close to my store in 2011.” Wang Zaizhi said.

In May 2012, two men dressed in Sven came to the door and named the "one to many" grinding wheel. “There are usually workers dressed up to buy cutting films. Suddenly, two very formal customers buy cutting pieces, and they want to name the brands that are rarely heard in the market.” Wang Zaizhi’s doubts have not been enough to ask. The other customers who were taken over were interrupted. After the receipt of the "cut a piece of box" and the receipt of the money, the two men did not say that the goods were gone.

Wang Zaizhi said that one year later, in the spring of 2013, two young people came suddenly, saying that the “one-to-many” grinding discs sold by them were fakes. They had already found a notary public and issued them a year ago. The receipts and photos of the products sold require Wang Zaizhi to take responsibility for the old couple. When they left, they also took the initiative to send a business card, indicating that this matter can "compensate a few thousand dollars" private.

At first, Wang Zaizhi thought that he had run into a liar and did not take care of it. Did not think that another year, on May 7, she received a court summons. The plaintiff was Xiamen Yixin Grinding Wheel Co., Ltd., the manufacturer of the “one-to-many” grinding wheel cutting piece, and the defendant was his wife Wang Xiaozhi. The other party demanded that the product of the “one-to-many” trademark exclusive right be immediately stopped and the economic loss be compensated. 30000 yuan, in addition to the reasonable expenses paid by the plaintiff for rights protection 4010 yuan and the litigation costs.

When Wang Zaizhi inquired, he found that there were two shops in the same market that received the same complaints on the same day, and everyone was only the third batch of merchants in the market who experienced this experience.

Merchants choose "private" to break the bank

And Wang Zaizhi and the old couple are in the Lantian electromechanical hardware tools market, and on the 7th they received the subpoena together with Yan Lei and Zhang Jingkuo. When they contacted the rest of the merchants to brainstorm, they found that the first two indicted merchants mostly chose to spend money "private", and the individual "disobedient" merchants had to spend money after the account was frozen. One more merchant said that he did not have a "one-to-many" grinding wheel cutting piece. He ordered the sale of the goods from other places at the request of the "buyer" and was also charged. He spent 10,000 yuan to "smooth" the matter.

"My experience with Wang Hao is exactly the same." Merchant Yan Lei recalled that in May 2012, after the "buyer" named "one to many" grinding wheel cutting piece, his wife wrote only "cutting" on the receipt. The film "a few words, seeing the other party expressed disagreement, and clearly requested that the goods be "one to many" cuttings on the receipt. "At the time, although I felt that the two customers were somewhat true, they did not care too much, or Let the wife write the name of the goods on the receipt according to the customer's request. After a long time, there are people who claim to be faked with the photo of the receipt and the product, and the situation is exactly the same as Wang Hao."

In the contact between Pei Yanlei and Zhang Jingkuo, they also found that there were merchants who were “not satisfied”, but the ending was very “embarrassing”. Zhang Shouxian was one of them. "I didn't worry about their prosecution. I didn't go to court. As a result, after the fact, the other party sent someone to call me and said that one of my accounts has been frozen for more than 20,000 yuan. Only a little panic, busy sending his son to find the other agent, after paying 6,000 yuan, in exchange for a paper received by the other party, this matter has not entangled us." Zhang Shouxian said that he has no energy at all To cope with this lawsuit, the court can only delay the daily business, and it is better to spend more money than to spend the disaster.

Three batches of merchants have been sued, and everyone feels embarrassed.

In the market, there were many merchants in the market who asked the “one-to-many” salesman to request the sale of grinding wheel cutting tablets. Wang Zaizhi, Xiang Yanlei and Zhang Jingkuo asked one by one to see if anyone else had encountered such a situation and how to deal with it. As a result, I found out that there are still many merchants who have been claimed by the “One-to-Many” grinding wheel cutting chip manufacturer. The time of prosecution is early and late. From 2013 to the present, it is roughly divided into three batches, and the number has reached more than 10.

"Our analysis shows that it is the grasp of the merchant's psychology, the other party 'fishing' anti-counterfeiting tricks have been repeated, the merchants in our market, Li Junan, Jin Linghua and others, like Zhang Shouxian, finally chose to spend money 'privately Zhang Jingkuo said that it was the first batch and the second batch of “complainted” merchants who took the plunge and only got their third indictment.

Zheng Xingju and his wife were among the first merchants to be sued by Xiamen Yixin Grinding Wheel Co., Ltd. Today, she still feels that she is the most "grievance". Zheng Xingju recalled, "In the spring of 2012, there were two local accent men who came to the door to buy 'one-to-many' grinding discs, and I didn't have this brand in my store. I recommended them to go to other homes. At this time, one of them was It is said that there is no shop in the store to help you take a box. I can't help the customer's request, I will arrange for my daughter to find another box of 'one-to-many' and sell it at the price of 18 yuan. they."

As a result, in the fall of 2012, two strange men came to Zheng Xingju's shop. "Come on Zhangkou said that the 'one to many' I sold before was a fake, to sue me, but also said that if I don't want to solve it through legal means, I can also take money." For these words, Zheng Xingju I said that I didn’t pay attention to it, and then it was gradually forgotten. "In 2013, the court summons was sent to my hand, and I remembered the two young men. He and his wife have always been doing business. I received a subpoena from the court and was really scared. I didn’t know what to do. I was nervous every day. It was not until I spent about 10,000 yuan in November 2013 that I settled the matter. I didn’t have the goods, I should ask for 'buyers’. Only the goods that have been transferred have been sued for no reason. What do you say?

Chamber of Commerce

Linyi Wholesalers Federation lists five major doubts about the "one to many" incident

After the merchants suffered “infringement lawsuits”, they were first reported to their “Yangjia” Linyi Wholesalers Federation. The relevant person in charge, Wang Youhua, listed the five major doubts after helping the members to sort out the ins and outs, and contacted the perennial legal counsel. Merchants should respond.

"In our analysis, there are at least five doubts in the 'one-to-many' incident. 1. Since it is a counterfeiting rights defense, why not rely on the industrial and commercial departments, and the representatives of the manufacturers come together to conduct on-the-spot investigations? 2, a box of cutting pieces is sold. More than ten yuan, the indictment claims that the claim is 30,000 yuan, what is the basis? 3, the amount of money collected by the lawyers of the manufacturers to solve the problem, and the merchant has not received the documents such as the withdrawal of the complaint or the mediation agreement. Is there any illegal operation, where is the merchant’s compensation? 4, the notary office knows that the manufacturer has obtained the certificate for the purpose of counterfeiting the claim, but the old man who knows that the hardware store does not have the cutting piece, and the buyer is flickering to transfer the goods. Next, give evidence to notarize, is it a violation of professional ethics, or is it against justice? 5, manufacturers have been fighting fake but did not really find the source of the production of fake goods, whether these products are circulated from the manufacturers, notarized personnel forensics Only the purchase process and the so-called evidence preservation, but whether the cutting piece is a fake, who gave the identification result, what is behind the truth?" Friends of Hua said, "All the signs so we have to be suspicious, suspect this is with a planned, premeditated, for commercial purposes' phishing 'or fake' Pengci" fake. "

Chamber of Commerce announces rights protection hotline

In order to do his utmost to protect the legitimate rights and interests of merchants, Wang Youhua also contacted the perennial legal counsel of the Chamber of Commerce. The consultant believes that there is a possibility of “litigation fraud” in the “one-to-many” incident. One of the suggestions given is that the merchant should “do more than one. "Join a piece to report the case." "This time it came out is the Lantian electromechanical hardware tools market, but from the members of the Chamber of Commerce, we also heard that there are also merchants in the station market, Hedong hardware market and other places 'lie in the gun", in order to call for more encounters The merchants of the 'One-to-Many' event stood up and took the group to defend their rights. We specially entrusted the legal counsel to open a hotline to centrally accept the consultations of the merchants on the matter.” Wang Youhua said.

From now on, merchants who encounter "one to many" events can dial 15562905936 to reflect.