Kangshifu "and" Kangshuaibao "," Diaopiao "and" Zhoujia "," Pulse "and" Maijie "," Mengniu "and" Haoniu "... Famous brands and knockoffs are" foolishly indistinguishable ". The above-mentioned "fake brands" that actually exist in reality have even become hilarious jokes widely circulated on the internet. How can companies protect their rights against the rampant phenomenon of counterfeit products alongside famous brands? Experts believe that the behavior of colluding with famous brands is subjective malice and constitutes unfair competition. It should be severely punished, especially for repeated violations, which should be judged based on the highest legal compensation.

It is understood that in the field of intellectual property, issues such as determining trademark similarity, identifying market confusion, non-standard use of registered trademark logos, and protecting old brand names have been widely concerned in the intellectual property legal community in recent years. For example, a few days ago, the seasoning time-honored brand "Donggu" raised a dispute over the registration of "Donggu Fresh" trademark by peer enterprises and launched a series of rights protection. Although the lawsuit was won, the owner of the "Donggu" trademark, Donggu Seasoning Food Co., Ltd. in Heshan City, Guangdong Province, is still confused about protecting its legitimate rights and interests: due to the low cost of illegal activities, counterfeit brands often switch places with one shot, which is really a headache for us.

Regarding this, Chen Jianmin, an associate professor at the Law School of Tsinghua University, believes that if it is a "repeated offense", severe punishment should be imposed. She gave an example, not long ago there was a case where an infringing company was just transferred from its account by the court, and the money was returned to the court. Immediately after, a new company was registered and continued to conduct commercial activities under the trademark that was found to be infringing. So, if it is statutory compensation, the second act should be judged based on the highest statutory compensation.

Cheng Yongshun, director of the Beijing Practical Intellectual Property Development Center, said that many cases now are basically the same infringement behavior, constantly changing the infringing subjects, making it impossible for rights holders to file lawsuits. What consumers see is the same, and the result of infringement is the same, but it requires the rights holder to sue and face the court time and time again. He believes that for repeated violations, "refusing to execute court judgments" can be used as a crime, "which is a deterrent for companies that truly rely on famous brands

Associate Professor Feng Shujie from the Law School of Tsinghua University believes that the new Trademark Law has introduced punitive damages. After the new Trademark Law comes into effect, if such a defendant knowingly violates the principle of good faith and uses a nearby brand, it should be determined as malicious infringement and the amount of compensation should be determined according to the standard of punitive damages.

Professor Huang Wushuang from East China University of Political Science and Law believes that the behavior of colluding with famous brands can also be considered as unfair competition. He said, "The purpose of partnering with a famous brand is obviously to share the market with you, not just the trademark, but also the packaging and decoration. When companies protect their rights, they can sue from this perspective, such as submitting examples of actual confusion or conducting evaluation investigations." (Zhao Zhuqing) (Source: People's Daily Online)