March 29, a "Taobao" platform sued the sale of fake brand-name sellers of civil litigation in Shenzhen Longgang District People's Court hearing. (hereinafter referred to as "Taobao") v. three defendants selling fake behavior in violation of the network service contract and damage to the plaintiff's goodwill, claiming *** total of 3.21 million yuan.
In June 2016, Taobao through the big data counterfeiting system, found that two stores selling Swarovski watches there is a suspicion of counterfeiting, identified by the brand, the defendant sales of goods packaging does not conform to the genuine, rough workmanship, color variations, the right to give "the goods are fake" identification conclusion.
It is reported that the two suspected of selling fake stores were registered by the two defendants in the case Liu Moujun, Wang Mouyi, Taobao will be clues transferred to the police. 10 August 2016, the police investigated Wang Mouyi located in the operation of the Buji and residential premises, on the spot Liu Moujun captured, found that the store involved in the case is actually operated by Liu Moujun and his wife, Chen Mouhua **** with the business. Both Liu and Chen were sentenced by the Luohu District People's Court for the crime of selling counterfeit registered trademarks. According to the principle of "criminal before civil" in law, after the two defendants were sentenced, the related civil lawsuit was also opened.
The case is the first time an e-commerce platform has used civil litigation to prosecute a seller for selling counterfeit goods. During the trial, Taobao cited a professor's study that each dispute involving counterfeiting or quality would cause a significant drop in overall consumer activity on the e-commerce platform, and provided the court with a way to calculate the damages, resulting in a compensation amount of 3.21 million yuan. In addition, Taobao requested the court to order the three defendants to publish a statement in newspapers and online media in a prominent position to eliminate the impact on the plaintiff's reputation due to the defendants' malicious counterfeit sales behavior.