The so-called "tail order" and "original order" are actually high imitation goods to collect empty bottles to make customized canned models
Are low-priced "brand names" really reliable?
● "Buy low and sell high", using "tail orders" and "original orders" as gimmicks, using fake trademarks, and falsely claiming that factory direct sales are common practices for selling fake luxury goods in live broadcast rooms
● Some merchants collect empty bottles of first-line big-name cosmetics, and then sell these empty bottles to cosmetic manufacturers. According to the authenticity of the products, the manufacturers make 1:1 customized models, canned models, full imitation models, etc.
● Some manufacturers use "fake foreign brands" to fool consumers, and some manufacturers directly disrupt the alphabetical order of the original brand trademarks as product trademarks, thus "touching the big names of porcelain"
□ Our reporter Han Dandong
□ Wang Xue, an intern of our newspaper
Li Qi is a junior in a university in Beijing. The table in her dormitory is filled with a line of big-name cosmetics: SK-II fairy water, Estee Lauder small brown bottle, Lappany Caviar Anti-Gravity Essence, Lancome Essence series cosmetics ......These "babies" are all "withdrawal" products she snapped up in a live broadcast room, and the price is even lower than the original price.
"Is it true or not? I don't know." Li Qi said.
In recent years, products with signs such as "withdrawal of counters", "cut labels", "tail orders" and "original orders" have flooded traditional e-commerce platforms and live broadcast platforms, and some consumers have been happy to purchase these products.
However, a reporter from the Rule of Law Daily found that most of these commodities are highly imitations sold by merchants under the gimmick, with almost the same trademark and packaging, and low prices.
In addition, some businesses use foreign packaging to conduct false propaganda, or disrupt the alphabetical order in the trademark to "touch the big name porcelain".
Take the original bill and tail bill as the slogan
Actually sell imitation products
Zhao Huan is currently working in Beijing. After paying attention to a high-end women's clothing studio on a short video live broadcast platform, she bought 3 pieces of clothing from brands such as "Chanel" and "MaxMara" in less than 15 minutes, and it cost less than 500 yuan.
But after she received the goods, she realized that she was "pitted".
"A coat faded, and a pair of trousers pilled after two days. It's really cheap and not good." Zhao Huan said, "I can't resist the temptation. The anchor has been emphasizing that it is a big-brand cut label."
A reporter from the "Rule of Law Daily" found that short video live broadcast platforms abound that "sale of sweet grandma at 10% off" and "brand-name factory direct sales" as promotional slogans abound.
For example, a "Green Water Ghost" female watch with an official website price of 1,260 yuan in a live studio has a price of only 20 yuan per second.
In addition, on some traditional e-commerce platforms, there are also many shops selling "cut labels" and "original orders" at low prices.
For example, a coat with a price of 1799 yuan on the official website of Hailan House is only sold for 199 yuan in the form of a "cut label" in a certain store.
According to industry insiders, the “cutting bids” and “original orders” do exist. Some brands will find OEMs to produce products and sign relevant agreements not to allow this product to be sold through other channels. However, there will always be some defective products or more than the original. In order to clean up the inventory, the factory will sell the products with a certain demand quantity in the form of "cutting the label".
However, these "cut labels" and "original orders" products are difficult to buy. The words "same style at counters", "factory direct sales", and "original orders imported" often represent "high imitation" "A goods" or even Fake and shoddy products.
In August 2020, the Changshu Municipal Market Administration of Jiangsu Province exposed the problem of selling luxury goods at "ultra-low prices" in the live broadcast room. The anchor will point the camera at the counterfeit Lancome, Armani and other trademarks, saying that it is "big-brand genuine products and supports inspection." , But the law enforcement officers found in the purchase record of the merchant that the purchase price of branded products such as Under Armour, adidas, NIKE, PUMA, etc. was only 15 yuan.
"Buy low and sell high", using "tail orders" and "original orders" as gimmicks, using fake trademarks, and falsely claiming factory direct sales are common practices in some live broadcast rooms selling fake luxury goods.
Ady, who is engaged in foreign trade, told the reporter of "Rule of Law": "Most big international brands do not let a foundry produce complete products, but distribute parts and components to various factories. Moreover, there is no Chanel, Gucci, and Louis Vuitton in our country. Enter these first-line big-name foundries."
In response, Zhao Kefeng, a partner of Beijing's own law firm, said that merchants selling falsely claiming that the "original order" and "withdrawal" are actually highly imitation products, which violated my country's trademark law and anti-unfair competition law.
According to Zhao Kefeng's specific analysis, on the one hand, merchants use "original bills" and "tail bills" as their promotional slogans, and they will inevitably use "real brand" trademark signs in product promotion to achieve the effect of fakes. This behavior is the fifth in the Trademark Law. Article 17 "The use of the same trademark as the registered trademark on the same product without the permission of the trademark registrant" as stipulated in Paragraph 1 of Article 17 constitutes a trademark infringement, and shall bear the infringement liability such as stopping the infringement and compensating for losses; on the other hand, According to Article 8 of the Anti-Unfair Competition Law, business operators shall not make false or misleading commercial publicity on the performance, function, quality, etc. of their products to deceive and mislead consumers.
"Publicizing fake big brands as genuine big brands obviously constitutes false propaganda. Supervision and supervision departments should order them to stop the illegal activities and impose a fine of 200,000 yuan to 1 million yuan; if the circumstances are serious, impose a 1 million yuan to 2 yuan. A fine of less than one million yuan can revoke the business license. If the sales amount is large, the business may also constitute a criminal offence and be liable for criminal responsibility." Zhao Kefeng said.
Confused goods withdrawn
Canned customization is difficult to distinguish between true and false
On a live broadcast platform, a reporter from the "Rule of Law Daily" entered the live broadcast room called "Pigs Love Beauty", and the anchor was introducing a "removing cabinet" Lappini Caviar Anti-Gravity Essence: "This essence is a lady class The products are "withdrawn" from a shopping mall in Shanghai. I get some through the "sister sister". The original price is 4,000 yuan. Now it only costs 400 yuan. The authenticity is guaranteed and the inspection is supported."
After watching for half an hour, a reporter from the "Rule of Law" found that the live broadcast room basically sold first-line big-name cosmetics, such as Lancome powder water, Estee Lauder series products, Aquamarine Mystery suits, etc., but the price was much lower than the official price. Armani 400 Lip Glaze is priced at only 55 yuan.
Bai Yu (pseudonym), who also does make-up live broadcasts, told the reporter of Rule of Law Daily: “Anyone who said this product was “withdrawn from the cabinet” in the live broadcast room, and there were many, basically fake. Their live broadcasts were basically not recorded. I’m afraid that buyers will pick faults when watching the replay."
It is understood that many live broadcast studios claim that the purchase channel is through the "counter sister", and the "counter sister" is, as the name suggests, the salesperson at the counter.
According to industry insiders, "Ai Sister" is able to get some goods, but the quantity is not large. The products obtained from "Ai Sister" are in the following categories: one is the trial package, which is basically in bad condition; the other is The boss "withdraws" the products, usually expired or the packaging has certain defects; the third is the sample of the product, but the quantity is not large.
A reporter from the Rule of Law Daily found that these products claimed to be "withdrawal" are actually fakes under the banner of big brands, including canned products, 1:1 customized models, full imitations and other categories.
Huahua (a pseudonym) is now a well-known beauty blogger. When she was in college, she bought “withdrawal” skin care products on an e-commerce platform. The other party said that the bottle mouth was worn and the inside was genuine, but she waited for her After receiving the goods, I took it to the counter and found out that the bottle is indeed real, but the contents inside are fake.
According to Huahua, the so-called "withdrawal" and "duty-free" commodities are basically the goods obtained by second- and third-level agents from Henan, Guangzhou, Liaoning Yingkou, Guangxi Hechi and other places. The promotional photos of Guangzhou warehouse goods are generally blue. With curtains as the background, the promotional photos of Liaoning Yingkou warehouse goods are generally based on cement walls, and the promotional photos of Guangxi Hechi warehouse goods are generally based on silver or red background cloth.
A reporter from the "Rule of Law" learned that some merchants collect empty bottles of top-tier cosmetics, and then sell these empty bottles to cosmetic manufacturers. The manufacturers classify the products according to the authenticity of the products and make 1:1 customized models, canned models, All imitation models and other categories.
According to industry insiders, the appearance and product ingredients of the 1:1 customized models are all customized according to the real ones. The canned models are basically imitations in real bottles. These imitations are low in certain ingredients, and the full imitation models are The original product is replaced with other ingredients, and the damage to the skin needs to be tested. The purchase price is more real and more expensive.
In this regard, Zheng Ning, director of the Law Department of the School of Cultural Industry Management of Communication University of China, analyzed that the behavior of selling goods that are known to be counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment or criminal detention of not more than three years, concurrently or solely with a fine. If the sales amount is huge, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
"If the product produced is a counterfeit and inferior product and commits the crime of producing or selling a counterfeit and inferior product, and the sales amount is more than 50,000 yuan but less than 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall be sentenced to or separately from 50% or more of the sales amount. A fine of not more than twice the amount; if the sales amount is more than 200,000 yuan but less than 500,000 yuan, a fixed-term imprisonment of not less than two years but not more than seven years shall be imposed, and a fine of more than 50% of the sales amount but less than twice the amount; if the sales amount is more than 500,000 yuan but less than 200,000 yuan If the sales amount is more than 10,000 yuan, they shall be sentenced to more than seven years imprisonment and a fine of not less than 50% of the sales amount and less than twice the amount of the sales; Fines or confiscation of property less than twice the amount." Zheng Ning said.
False propaganda by foreign packaging
Use similar trademarks to Porcelain
In addition, some manufacturers use "fake foreign brands" to fool consumers, and some manufacturers directly disrupt the alphabetical order of the original brand trademarks as product trademarks, thus "touching the big names of porcelain."
Wang Tong has been buying goods in the live broadcast room for a long time. She found that many live broadcast rooms hold fake "Big Porcelain Brands", which are mainly manifested as "garbled trademarks". Some live broadcast rooms claim to sell ck bags, and the small ck trademark is Calvin Klein. But after receiving it, it was found that the alphabetical order was misplaced. Some were Calvin Klien and some were Clavin Klein.
Wang Tong once bought a "small ck" bag for 49 yuan in a live broadcast room. This bag is real at first glance. It looks good and has good leather. But when you look closely, the English letters of the trademark are garbled.
According to Zhao Kefeng’s analysis, on the one hand, this behavior of the manufacturer belongs to the unauthorized use of the registered trademark of the trademark owner and infringes on the registered trademark rights of others, and should bear the infringement liability; , The signs with the same or similar decoration make consumers mistakenly believe that they have a specific connection with the big-name genuine products, which constitutes an act of unfair competition, and they should bear legal responsibilities such as stopping the infringement and compensating for losses.
According to industry insiders, it is the primary gameplay to make "pseudo-foreign" by name at present, and advanced players' practice is to "foreignize" everything from trademarks, origins to products, but the quality and service of these products do not match the "high-level sense". .
Zhao Kefeng pointed out that these "advanced packaging laws" are suspected of false propaganda.
As part of the product information, the place of origin is sometimes even an important criterion for consumers to choose a product. Manufacturers and merchants also take a fancy to this point when they promote the "foreignization" of the place of origin.
In the current judicial practice, the court also considers false propaganda of origin as an act of unfair competition. For example, the origin of many "Danish blue tin cookies" is not in Denmark. In the relevant judgment, the court determined that the propaganda origin is Denmark is false. Propaganda of unfair competition.
In addition, the second paragraph of Article 28 of the Advertising Law also clearly stipulates that if an advertisement describes the place of origin of the product that is inconsistent with the actual situation and has a substantial impact on the purchase behavior, it is a false advertisement.
Improve laws and regulations
Multi-subject collaborative governance
So, how to deal with these chaos?
Wang Zhengzhi, director of the Intellectual Property Committee of the All China Lawyers Association and director of Gao Wen Law Firm, suggested: First, improve and perfect relevant laws and regulations, and increase punishment; second, use technical means to monitor each stage of the transaction, and in the online transaction process Incorporating the intellectual property review procedures, adopting measures such as reviewing the seller’s true identity information, paying security deposits, raising the barriers to entry, and investigating the responsibility for selling counterfeit products, and establishes a feedback mechanism for handling complaints from right holders, so that online commodity transactions can be checked, controlled, and controlled. Accountability, timely detection and suppression of illegal transactions in the sale of infringing goods, online trading platforms should assume the corresponding supervision responsibility; finally, raise consumers’ awareness of the rights and obligations of safeguarding the law.
"From the perspective of rights, consumers should have the legal awareness of protecting their own consumer rights through legal means. When they find that counterfeit and shoddy products damage their rights, they should take up legal weapons. From the perspective of obligation, they should implement the production and sale of counterfeit and shoddy products. Many manufacturers produce counterfeit and shoddy products based on consumers’ different purchase motives and brand consumption preferences. A considerable number of consumers have a strong desire to consume counterfeit and shoddy products, especially fake and shoddy brand-name products. Therefore, consumers have to stop buying Obligation to counterfeit and shoddy products." Wang Zhengzhi said.
In Zhao Kefeng's view, regulators, operators and consumers need to work together.
"Consumers should keep their eyes open. Instead of believing in fake big brands, it is better to believe in genuine domestic products. Market supervision and management departments and other relevant departments should actively guide market entities to conduct honest operations and fair transactions. Relevant departments should also promptly deal with fake big brands on the market. Screening and supervision, and intensifying the crackdown on false propaganda."