How to write a defense for trademark infringement
Sample reply to trademark infringement dispute
Reply to trademark infringement dispute
Respondent: Zhao XX, male, born on June 4, 19XX, Han nationality, registered at No. XX, Group XX, XX Village, XX Town, XXX District, X City, X City, Jiangxi Province, currently the owner of "XXXXX Food Store", business address XX No. XXX, XXX Road, XX Village, XXX Town, County.
Respondent: XXX Group Co., Ltd.
Residence: XX ProvinceNo. XX3, City X.
Legal representative: XXX, chairman of the board.
The respondent filed a trademark infringement dispute against the respondent In one case, the defense was filed as follows:
Request matters:
1. The verdict is to reject all the plaintiff’s claims; span>
2. The litigation costs of this case shall be borne by the plaintiff.
Facts and reasons:
1. The infringement actually no longer exists.
The respondent complained against the respondent in the complaint There is no objection to the alleged infringement facts, but the respondent purchased "XXXX" from Haining XXXX twice on April 20, 2010 and July 25, 2010, for RMB 48 per box, totaling RMB 96, without knowing it. If the product was an infringing product, it had been sold out before the plaintiff filed suit, and the product involved in the case was no longer purchased for sale. Therefore, the infringement in fact no longer exists, and the respondent wantsA request to immediately stop the infringement is meaningless.
2. Based on the relevant facts and law, the respondent does not need Liability.
The respondent respects the intellectual property rights of the respondent, but His behavior of selling the products involved was carried out without knowledge and there was no subjective fault. First of all, the appearance of the product involved in the case is difficult for ordinary people to tell whether it is a product that infringes the exclusive right of a registered trademark; secondly, the respondent has never been punished by the industrial and commercial administration department for selling the product involved; finally, the respondent was After collecting the evidence on X, the respondent did not promptly issue a warning or request to stop the infringement, even though he knew that the respondent had committed infringement, and did not file a lawsuit in court in a timely manner. Therefore, the respondent acted completely without knowledge. implemented under the circumstances. In addition, the products involved in the case sold by the respondent were purchased from XXXX. According to the provisions of Article 56, paragraph 3, of the Trademark Law, the respondent does not need to bear compensation liability.
In summary, the respondent requests your court to Arbitrary.
Best regards
XXX Intermediate People's Court
Respondent: XXX
XXXX year XX month XX day
Trademark Infringement of rights
1. With the permission of the registered trademark owner, use a trademark that is close or similar to the registered trademark on the same or similar goods;
2. Selling goods that are knowingly counterfeit registered trademarks;
3. Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks;
4. Deliberately providing facilities for infringement of exclusive rights to registered trademarks;
5. Causing other damage to the exclusive rights of others to register trademarks.
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