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Luoyang anti-counterfeiting company, Luoyang professional anti-counterfeiting, Luoyang patented brand anti-counterfeiting
Luoyang anti-counterfeiting company consultation hotline, professional anti-counterfeiting person Hubei Liansheng
Professional anti-counterfeiting person Feng used the goods sold by merchants to counterfeit green food and product advertising violations and fraud On the grounds of illegal behavior, large shopping malls such as Wal-Mart and China Resources Vanguard were sued to court, requiring the shopping malls to refund one-to-one compensation. Although the facts are clear, because the plaintiff was a professional anti-counterfeiter, his identity as a consumer was not recognized by the court. In the end, except for two out-of-court settlements, the remaining professional anti-counterfeiters Feng used the goods sold by merchants as counterfeit green foods and violated product advertising regulations. , on the grounds of fraud, we took Wal-Mart, China Resources Vanguard and other large shopping malls to court, demanding that the shopping malls refund one-for-one compensation. Although the facts are clear, because the plaintiff was a professional anti-counterfeiter, his identity as a consumer was not recognized by the court. In the end, except for two cases that were settled out of court, the remaining cases were recently ruled by the court and the plaintiffs lost all the cases.
Feng, a native of Tianmen City, Hubei Province, started his personal anti-counterfeiting career in 2008. In 2006, he was named by the media as one of the top 20 individuals in China who fight against counterfeiting. Not long ago, he co-founded the Chutian Rights Protection Network, which focused its anti-counterfeiting efforts on green food. It sued merchants for selling counterfeit green foods in courts in Hubei and other places, requiring merchants to refund every penny and pay compensation. Most of the cases were supported by the courts.
This month, Feng and his partners came to Shenzhen and bought more than ten kinds of products such as Nomishan brand black fungus and Hongmen native eggs at the Shenzhen Wal-Mart. One of the products used the green logo, which was suspected of fraud. Consumers sued Wal-Mart to the Luohu District Court, demanding that the mall refund the goods and compensate them. Subsequently, Feng set his sights on China Resources Vanguard, an influential large supermarket in Shenzhen, and advertised the Libao brand health drinks and other products it sold as having a variety of health functions and therapeutic effects, misleading consumers. For this reason, China Resources Vanguard was brought to court.
In the above case, the court basically found that it was illegal for the goods sold by the defendant to use green logos and advertising slogans. However, the court believed that because the plaintiff was a professional anti-counterfeiter and knew about the fakes and bought them, he was not defrauded by the merchants. They cannot be identified as victims, and their rights are not protected by my country’s Consumer Rights Protection Law. Accordingly, the court dismissed the plaintiff’s claims one by one.
Feng expressed dissatisfaction with the Luohu Court’s decision and would appeal. It is also reported that when Feng and his partners sued the shopping mall in other courts in Shenzhen, they repeatedly encountered obstacles, and some courts simply refused to accept the case.
Hu, the Luohu District Court judge in charge of hearing Feng's case, said that although Feng's lawsuit was dismissed and did not receive legal support, as a professional anti-counterfeiter, his actions objectively have a certain effect on purifying the commodity market. positive effects. For illegal activities in shopping malls, the court will make judicial recommendations to relevant government departments in accordance with the law, and the relevant government departments will handle them in accordance with the law.
Yang Yang, one of the top ten human rights defenders in the country and a cadre of the Consumer Council of Luohu District, Shenzhen City, believes that the current so-called green food certification conducted by relevant departments has no legal basis and is instead used to build momentum for production and sales companies. He proposed that as a professional anti-counterfeiter, if he discovers counterfeit and shoddy products, he can crack down on them by reporting them to the relevant departments, and he can also request rewards from the accepting departments. Yang Jianchang believes that people who buy fake claims are not consumers in the true sense and cannot be protected by my country's Consumer Rights Protection Law and should not be encouraged.
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There are constant cases where professional anti-counterfeiters and their teams complain to industrial and commercial authorities and report various consumer rights protection matters. Due to the large differences in the methods, applicable basis, and handling procedures for handling such appeals and reports in various places, the risk of administrative reconsideration faced by industrial and commercial authorities has increased significantly. On the basis of the handling reply, it was believed that the respondent had failed to act administratively, and then filed an administrative review or even an administrative lawsuit. In response to the above situation, the Regulations Department of the State Administration for Industry and Commerce conducted research through discussions, telephone interviews, and on-site review of case files.
Luoyang anti-counterfeiting company consultation hotline, after more than ten years of professional anti-counterfeiting experience, the Xiangjun anti-counterfeiting team has become a leading comprehensive institution in China that provides one-stop legal services. The company has an experienced investigation team and a consultant team with legal professional background, as well as a team of lawyers with deep legal practical experience and legal theory. Xiangjun progresses together with the world in the information age, constantly innovates research methods and concepts, and provides customized and exclusive investigation services for different customer groups.
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