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How to determine their own trademark infringement, and how to carry out patent rights

2017-07-25 15:40:31

Trademark infringement refers to the person without the permission of the operator for the same or similar products on the use of its registration mark with the same or near the logo, or other related to the use of its registration mark and other acts that have harmed the legitimate rights of TM holder. The infringer is generally required to bear the responsibility to stop the infringement, knowing or ought to know that the tort person is also responsible for compensation, even seriously bear the criminal responsibility.


In the case of trademark infringement, a defendant has committed a single infringement and the plaintiff sues is only the defendant's infringing act. The plaintiff can only pick up the court of the defendant or the court of the infringing act, but the other court has no jurisdiction, When the defendant decides the infringement compensation, the plaintiff can only file a lawsuit on the defendant's tortuous act and the defendant will only be compensated for his own tort. But if the plaintiff is on a few of you and I associated with the defendant signs of infringement acts of litigation, and several defendants of the tort do not see the meaning of the side of the transfer or side by side, then the situation becomes complicated.


If the defendant 1 prints the logo and sells it, the defendant 2 buys the infringing sign and makes the infringing product sold. The defendant 3 purchases the infringing product produced by the defendant 2 and sells it to other retailers in bulk. But also the defendant 4 stock and the defendant 5 deliver. If the five defendants mentioned above are not in the five different areas, five different regions and do not belong to the same jurisdiction of the court, then the plaintiff can no matter what the defendant's residence to the court at the same time prosecute five defendants, Of course, you can also choose a court of competent jurisdiction to prosecute a defendant inside. The right to pick up a defendant should be exercised by the plaintiff.


Side responsibility must be side by side lawsuit, but side by side the case is not always shoulder to shoulder responsibility. In the case of non-side responsibility of the situation where the plaintiff sued how many associated and belong to the defendant to join the other side of the incident. The court for the convenience of good and small unite is  most possible to reduce the cost of the rights of the parties under the principle of how many defendants can be listed. The defendant, in the opinion of the defendant is determined to be infringing, and the court shall be liable to the plaintiff separately for the defendant's liability for the loss caused by the plaintiff or the defendant's infringing act. The defendants should not be jointly and severally liable in the trial of compensation and each of the defendants of their respective acts to decide their respective bear the corresponding compensation.





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