Reborn I want everything

Chapter 88 The first case of reverse counterfeiting (before the revision of the Trademark Law is not counted)
Gu Zhe can quickly respond to the lawsuit, but those who have been sued by Gu Zhe will not take the initiative to send them to the door, so someone must kick them to make them slip up a bit.

Early the next morning, in Pudong, the magic capital, in the office of the general manager of a small eyewear company, Lehmann Optical, the phone rang shortly after work.

General Manager Xu Changkun picked up the phone, and a cold voice came from the opposite side: "Mr. Xu, Lehman Glasses, right? You are allowed to sell my glasses under the OEM label—has the industry and commerce been here?”

Of course, Xu Changkun knew what was going on as soon as he heard it. After all, before Haichang sued Gu Zhe, Haichang had already come to collect evidence, and asked the industrial and commercial side of Shanghai to sell the Lehman glasses that were suspected of selling fake goods. Archived for now.

Enterprises that have just been taken care of by the industry and commerce last week are naturally still in the aftermath of frightened birds.It also saved Gu Zhe a lot of talking.

Xu Changkun didn't even confirm the identity of the other party, so he lowered his tone and chose to apologize directly:
"Mr. Gu, we are wronged too. We don't know how you signed the patent authorization with Haichang, and we don't even know whether it is an exclusive authorization. We just bought your goods and resell them in a different package. "Patent Law "It doesn't stipulate that you can't resell someone else's patented goods, right? What's wrong with us?"

Gu Zhe: "You didn't infringe on my patent right, but you did infringe on my trademark right. I just want to notify you in advance——I've already sued you in the Fangzhou City Intermediate Court. Sneak a little, and I will answer the subpoena on the day I receive it.

Your case and Haichang's case against me are related lawsuits, and I don't want to drag it with you for too long.If you cooperate more, I will let you pay less.

If you procrastinate with me, don't blame me for uploading evidence to prove how much your infringement has caused my brand value!You should know that in this kind of trademark and brand infringement case, if I, as the prosecutor, want to describe the loss of goodwill less, it is completely possible. "

Xu Changkun looked confused: "What about the "Trademark Law" again? Aren't we talking about patents? We didn't counterfeit your trademark brand, we are selling according to our own brand, why don't we use your trademark?" To infringe?"

Xu Changkun said this, but he can't be blamed for his legal illiteracy—it was 2003, and there was really no precedent in this area in China.

In the concept of most entrepreneurs at that time, trademark infringement was the infringement of other people's trademarks, and few people realized that "not using other people's trademarks can also constitute infringement under certain circumstances."

Gu Zhe heard that he was so confused on the phone, so he knew that this was a very informal small company, absolutely wild and vulnerable in terms of legal affairs.

He was too lazy to talk nonsense, and put down an ultimatum:

"Do you still want me to teach you the law? I'll just say it once, go to paragraph 52 of Article 4 of the Trademark Law, and then when you receive a subpoena, weigh my words carefully. If you have a good attitude towards the law, I don't want to make money. .”

Xu Changkun immediately understood what was going on.

Where did Gu Zhe expect him to be a small fish like Lehman Glasses, and really pay a lot of "losses for the infringement of Tianyuan's trademark brand rights and interests", didn't he just want to express his position and admit this fact?
Besides, if Gu Zhe really dared to go all out on the claim amount, would he still plan to sell those lenses on Taobao?

It's just that Gu Zhe didn't collude with small factories like them, but he knew very well in his heart that people who buy other goods in large quantities are reselling them!
Gu Zhe just did a good job in the chain of evidence, so he can pretend not to know to stop Haichang's mouth!At most, Haichang notified the business administration department, seized a seller of counterfeit goods and sealed up a warehouse, and then Gu Zhe had no choice but to come out and pretend to sue the other party for infringing his brand.

If Haichang didn't grasp the current situation, Gu Zhe probably wouldn't bother to answer him.

This is a very strange scene: the direct victim of the infringed brand does not care about his own victimization.Instead, the buyer who bought the victim's patent license was in a hurry.

Of course Xu Changkun knew how to choose at this time, anyway, Gu Zhe had treated him very well, but Haichang had a deep hatred for him, and personally brought the industry and commerce to seize his inventory.

It must perfectly cooperate with Gu Zhe to defend Haichang!It is clear at a glance who is the enemy and who is the friend.

After thinking about all this, Xu Changkun was in a daze again, and suddenly felt that he was so cheap: "What's going on? Obviously Gu Zhe wanted me to pay him money, but I was grateful for his tip-off and helped him deal with it." Haichang?"

That kind of feeling is actually more Stockholm syndrome than the dog in Europa Universalis who took the initiative to be Ming.

Those who were sued by him would kneel down and beg him to pay him back, and after paying the money, they would be convinced and continue to help him. It is simply not enough to describe it with their own dry food.

……

Of course, others would not know about Gu Zhe's pre-emptive shooting.

However, the results of all Gu Zhe's operations were quickly and solidly reflected in the efficiency of Lehman Glasses' response to the lawsuit.

Only three days later, in the early morning of this Friday, Lehman Glasses responded to the subpoena issued by the Intermediate People's Court of Ark City for Gu Zhe to sue them, and submitted a statement of defense.

Judge Liu and Pan Xiaoting of the Third Civil Tribunal were also taken aback when they heard the news, and were once again shocked by Gu Zhe's energy—you know, Haichang sued Gu Zhe just on Monday. It is a record to submit a statement of defense and sue a third party in another case.

However, the Intermediate People's Court sent a subpoena to Lehmann's side, which was a normal process. Even if the urgent mail was issued on Tuesday, it would take at least Thursday to get off work before arriving in Shanghai.

At that time, the domestic express delivery system was still relatively weak and slow, relying entirely on EMS. Even in cities that were less than [-] kilometers away, delivery was normal for several days, and it was already super fast in two days.

This means that Lehman Glasses received the subpoena after getting off work on Thursday, worked overtime overnight to entrust a law firm, wrote a statement of defense, and then sent it...

The delivery process was not even a courier, but the people from the law firm had to drive from Shanghai to Ark City on the same day and submit it in person, otherwise it would not be possible to deliver it on Friday.

Another wonderful case where the defendant rushed to the defendant, just like this happened!

It's almost impossible to fix the people in the court.

Fortunately, the court has always attached great importance to this case, knowing that the case of Haichang v. Gu Zhe can only be concluded after the case of Gu Zhe v. Lehmann is concluded, so they try to be active in arranging the schedule.

Because Lehman entrusted two ordinary lawyers from Shanghai Jincheng Law Firm to submit the defense in person with all the power of attorney and authorization certificates, it was convenient for the court to actively ask for their opinions.

Originally, the court was supposed to leave 15 days for them to collect evidence before arranging the exchange of evidence before the trial.Instead, ask both parties directly to see how much time they need to prepare. If both parties don't have to bother, then these processes can also be shortened.

As a result, the lawyers commissioned by Lehman Glasses were very kind, saying that evidence could be exchanged next Monday. After they got the indictment, they prepared the evidence overnight and did not need more time.

Finally, the court agreed to exchange evidence on Monday.

After Monday, everything went smoothly,
After the exchange, the court asked both parties if they could accept the trial as soon as possible, and both sides also accepted, so they discussed the composition of the collegial panel on the same day, and informed the two parties waiting at the scene that day that the trial would officially start on Thursday.

(Note: Article 139 of the "Civil Procedure Law": The people's court shall notify the parties and other litigation participants three days before the trial of a civil case. If the trial is open, the names of the parties, the cause of action, and the time and place of the trial shall be announced.

Therefore, the 3 days cannot be saved. There is a minimum deadline stipulated by the law. The evidence exchange on Monday can be completed on Thursday at the earliest.This period of time is also for those who want to attend to prepare in advance, and for the sake of social supervision, surprise trials cannot be held. )
1 day for prosecution, 3 days for responding (including courier time), 1 day for evidence exchange, and 3 days' advance notice for court hearing... It is estimated that it can create the record for the fastest judicial process in history.

……

The Intermediate People's Court of Ark City's three-day notice to open the court session was indeed not in vain.

When the notice was issued on Monday, it was not only sent to the parties concerned, but also posted on the official website of the court to announce the follow-up trial plan.

Gu Zhe's case has attracted quite a lot of attention. After all, this is the first case of Huaxia's 2C e-commerce platform, and there are many disputes over trademarks and patent rights involved. Many details are representative, and it is the first case in China. once.

Therefore, whether it is a professional in the legal field, or a bigwig in the e-commerce and technology fields, they are very concerned.

Early on Thursday morning, Judge Liu, Pan Xiaoting, another judge surnamed Wang, and the clerk Qin Nuan began to prepare for the case. All three judges were members of the collegiate panel.

However, they soon discovered that the preparations for the trial work were still insufficient.

The court opening time is set at 9:9 in the morning. Usually, the first court session is at 8:[-] in the morning. When the staff came to work at [-]:[-], they found that there were a lot of social personnel waiting to attend the first case of the third civil court.

In 03, there was no online reservation system in advance, and the number could not be picked up, so the only way to make an appointment was on-site.Of course, the court must guarantee the legitimate rights and interests of all citizens to hear the public trial, but there are too many people to sit in the auditorium, so there is no way.

President Liu has been in charge of the Intellectual Property Tribunal for many years, and he has never seen such a professional case attract so many people's attention, so he had to ask President Gong for instructions temporarily.

After knocking on the door politely and expressing his intentions from Chen Laiyi, Judge Liu said humbly: "President, can you temporarily borrow the largest courtroom in the court for our Civil Tribunal today? For the case on the first channel this morning, the spectators Too much."

Dean Gong is an elderly man who is not very professional in legal affairs in these emerging business and technology fields, so he is a little puzzled:

"If you can't sit down, you can't sit down. A public trial must be guaranteed, but there is no rule that when the seat is full, you will let in random people from the society. Why don't you do a number screening first?"

Court President Liu: "We have screened, but well-known entrepreneurs, executives of key enterprises supported by the city, well-known experts and professors in domestic legal circles...even if we only include these people, we still can't sit down.

Among the people who were listening to apply for the number just now, I have already seen Mr. Ma, the president of Ali Baba, and his wife, Mr. Sun Yu, the general manager of Taobao, and his wife, and several heavyweight executives.

There are also President Ding of Huangyi Network Technology, Essilor, a rice-funded company in Shanghai, and Haichang Glasses, a joint venture. Many company leaders came to observe in person.

There are also Deputy Director Zhang of the Intellectual Property Department of Peking University Law School, and Director Guo of the Intellectual Property Department of the State Affairs Department... more than 30 professors from the five major law schools in China came.

As you may not know, today's case may be the first "reverse counterfeiting infringement case" to enter judicial practice after the revision of the "Trademark Law" in my country in 2001, and the academic circles are all staring at it.Just wait for the sentence to come down, and immediately write it in the textbook to fill in the embarrassing situation that Article 52, paragraph 4, of the "Trademark Law" has not been cited in a single domestic case before. "

"It's so important... Then use the big court room for the third civil court."

(End of this chapter)