Zhongxin Finance, April 23 (Zuo Yuqing) Recently, #Simba sells fake yoga pants with sales of over 6 million a night#, #YPL responds to Simba's anchor selling fakes#, #YPL responds to Simba for one night Selling fake 6 million#, #xinxuan said that the yoga pants sold are not fake#, many topics were on the hot search, and once again brought the Internet celebrity anchor Simba and his team to the forefront of public opinion.
However, in the dispute, Simba and the "brand party" held their own opinions for several rounds, posted materials, made the truth of the matter more confusing, and fell into the Rashomon. Who is the "authentic"? genuine"?
Sales of more than 6 million overnight are "fakes"?
On April 18, Simba and his anchor "Dandan" showed up in the online live broadcast room with a product called "YPL Sunscreen Cool Pants".
Some consumers found that the YPL brand did not have this product after placing an order, and questioned Simba for selling fake products.
On the 22nd, Australia's YPL stated through its official blue V Weibo account "YPL Sports Trendy Products" that the products sold by Simba do not belong to the category of YPL's sales, and the relevant distribution companies and production companies are not YPL's formal distribution and production channels. No qualifications for YPL brand marketing, authorized use, product production and sales.
On the 22nd, Australia's YPL made its first statement through its official blue V "YPL Sports Trend".
According to relevant data, the price of the product in the live broadcast room is 63 yuan, the number of which has been sold exceeds 100,000, and the sales amount exceeds 6 million yuan.
"YPL Sports Trendy Products" said that considering the huge sales volume and amount of this product, YPL will hold the product distribution company and production company accountable in accordance with the law, and safeguard its legitimate rights and interests through legal means.
At the same time, for online sales, YPL has the right to simultaneously hold responsible for related product links, stores, anchors, etc.
Xin Xuan responded several times a day! There is authorization, it is a trademark dispute
After the related topic rushed to the hot search, Guangzhou Xinxuan Network Information Technology Co., Ltd., a subsidiary of Xinba, responded on the evening of the 22nd that the brand owner had provided the authorization link and related written materials, and Xinxuan was still reviewing these materials. Do further strict inspection.
The authorization materials presented by Xin Xuan to Zhongxin Finance show that the authorized production and sale of "YPL" brand customized products to Xin Xuan is Harbin Aoshengyuan Trading Co., Ltd., and the right to use Aoshengyuan's trademark comes from the original holder of the YPL trademark ——Australia Health Industry Pty Ltd, whose authorization period is from January 1, 2021 to December 31, 2026, and the authorization can be transferred.
The relevant authorization letter presented by Xin Xuan to Zhongxin Finance.
On the 23rd, Xin Xuan reissued a statement explaining that on April 13, 2022, after the original trademark holder, Australian Health Industry Co., Ltd. applied for the transfer of the trademark to Australia YPL Co., Ltd., the two parties had authorized a third party to use the trademark before and after the transfer. There is a dispute, so there is a claim that the trademark transferee said that the products promoted in the live broadcast room "do not belong to the products of the YPL brand".
Xin Xuan said that after consulting legal experts, Xin Xuan confirmed that the authorization relationship between the original trademark holder and the authorized party Harbin Aoshengyuan Trading Co., Ltd., as well as the authorization relationship between Harbin Aoshengyuan Trading Co., Ltd. and Xin Xuan, are all within the law within the validity period.
At the same time, Xin Xuan said that a full refund will be given to consumers who have purchased YPL products.
"YPL Sports Trendy Products" Responds Again: The Power of Attorney Shown by Xin Xuan Forged Official Seals
Just after netizens thought that "selling fakes" had become a "trademark dispute", YPL threw a blockbuster "bomb" again.
On the 23rd, "YPL Sports Trendy Products" stated that it has never had any business cooperation with Harbin Aoshengyuan Trading Co., Ltd., and there is no trademark authorization.
Xin Xuan took out the power of attorney stamped by the Australian Health Industry Co., Ltd., which is a forgery official seal, and the forger will be investigated for the corresponding legal responsibility.
In a previous statement, "YPL Sports Trendy Products" pointed out that although the 25 types of trademarks held by Harbin Aoshengyuan Trading Co., Ltd. have the three letters "YPL", they are not "YPL" held by Australian YPL Co., Ltd. ” trademark, and the products sold by Simba in the live broadcast room use the trademark held by Australia’s YPL Limited.
Before the latest statement released by "YPL Sports Trendy Products" on the 23rd, Xin Xuan's statement released on the evening of the 22nd stated that if the final verification result shows that the brand owner (Harbin Aoshengyuan Trading Co., Ltd.) has any violation of laws and regulations , we will seriously investigate its responsibilities in accordance with the law, and resolutely safeguard the legitimate rights and interests of consumers.
Trademark doubts: "YPL sports trendy products" and Aoshengyuan, who owns the genuine?
Zhongxin Finance noticed that although Aoshengyuan claimed to hold the "YPL" trademark of 25 categories of clothing, shoes and hats in the international classification, the trademark was not consistent with the Australian YPL trademark.
A company information query platform shows that Aoshengyuan has applied for three "YPL" trademarks in 25 categories of clothing, shoes and hats. At present, two variant trademarks are in invalid and application status, and the only "YPL" that shows "registered" is also with The trademark patterns held by YPL in Australia are inconsistent.
The only trademark of Aoshengyuan that is the same as Australia's YPL, but it belongs to 24 categories of fabric sheets, and it is invalid.
The "YPL" trademark applied by Aoshengyuan.
Tianyancha shows that the legal representative of Harbin Aoshengyuan Trading Co., Ltd. is Sheng Aiqin.
In 2021, Guangzhou Aomai Information Technology Co., Ltd. invested by the company was included in the list of abnormal business operations because the registered domicile or business place could not be contacted.
In addition, the "YPL Sports Flagship Store" previously voiced in support of Xin Xuan on the Douyin platform has now deleted the relevant statement.
Zhongxin Finance and Economics found that the account registration company was Shenzhen Sadora Trading Co., Ltd., which had no “YPL” related trademark registration, and on March 7 this year, it was “unable to be contacted through the registered domicile or business place”. It is classified as "abnormal operation" status.
In this incident, the Australian Health Industry Co., Ltd., whose materials from both parties appeared, could not find relevant information on multiple domestic enterprise information query platforms.
Lawyer: If there is forgery of official seal, criminal responsibility shall be investigated
This is not the first time Simba has been involved in the "selling fake" storm.
In October 2020, the incident of Simba bringing fake bird's nests attracted widespread attention.
In the end, the Simba side was fined 900,000 yuan, the brand side was fined 2 million yuan, and the Simba Kuaishou account was also banned for 60 days. As of January 14, more than 40 million yuan was paid to consumers.
Nowadays, the plot that has been reversed repeatedly in this "selling fake" storm has also made many netizens bewildered.
So in so many disputes, what is the most important?
"The first consideration is whether the official seal is forged, because all authorizations come from this." Lawyer An Xiang, director of Beijing Dexiang Law Firm, told Zhongxin Finance that forging official seals in my country belongs to forgery companies, enterprises and undertakings. Units, people's organizations seal crimes, to be investigated for criminal responsibility.
Is it because of forging official seals to make and sell fake products, or because of trademark licensing disputes?
An Xiang said that the incident was more complicated, and he had to "let the bullets fly for a while": "Further intervention and investigation by law enforcement agencies will bring the truth to light." (End)