"Did you really send a lawyer's letter to that A Yi? What's the matter? I didn't take a look at it. Forget it. Let Lawyer Chen tell the other party that it was sent by mistake, you know? Don't provoke him !"
"Yes, leave him alone, as long as there are other people, send him a lawyer's letter!"
Putting down the phone, Fang Chengwen shook his head, how could he provoke A Yi.
This kind of preemptive registration of trademarks has actually happened a long time ago. After registering a trademark in advance, there are two ways.
Either use this trademark to directly advertise to make money, or sue the other party and ask for infringement fees.
It seems embarrassing to look at, but it's nothing to be ashamed, it's true when people make money.
Just like a certain picture website, what is yours and mine is mine on my website, so what can you do as the original author, if you should sue you, you will sue you.
It doesn't matter if you are scolded, the money has already been earned anyway.
It can only be said that some companies have really made a lot of money through such behaviors.
However, even if this horse-riding person makes money, it depends on the person. A Yi is a dog and must not be provoked.
What's more, it may not be possible to fight a lawsuit with the other party...
........
In Jingzhou, Zhou Yi strolled with his hands behind his back and came to the legal department, and it was time to listen to the short story again.
As a result, I saw the slightly embarrassed expressions of the two people in the legal department.
Youhou, isn't this Huo Pengfei and Wu Qiuling?
Gossip is really a human nature, and Zhou immediately put the matter behind him, what kind of trademark is not a trademark, how can there be good gossip.
He leaned against the door and began to eavesdrop.
As a result, after listening to a few sentences, I felt boring. The two of them were really just talking about work.
It's just that what Wu Qiuling said sounds so familiar.
"She also received the lawyer's letter?"
Zhou Yi knocked on the door, then pushed the door open and entered. In the office of the legal department, Wu Qiuling and Huo Pengfei looked back together.
"Mr. Zhou? You're here, sit here." Huo Pengfei said quickly.
Zhou Yi walked to the side and sat down, then looked at Wu Qiuling and said, "Xiao Wu, I seem to have heard you talking to Lawyer Huo just now, what kind of lawyer's letter for trademark infringement did you receive?"
Wu Qiuling nodded, and said with a hint of surprise on his face, "Mr. Zhou, how did you know?"
"
Because I got it too. "Zhou Yi finished speaking and looked at Huo Pengfei: "Old Huo, you already know the situation, what do you think about this matter?"
"Trademark hooligans, very typical trademark hooligans!" Huo Pengfei said directly.
"Generally speaking, you can use litigation to obtain trademark rights. This is also a normal method. It is based on Article 30 of the Trademark Law, which prohibits pre-emptive registration of trademarks that have already been used by others and have certain influence."
"Similarly, our Trademark Law has been amended and there are corresponding regulations. Malicious trademark registration applications that are not for the purpose of use should be rejected!"
"Especially last year, the relevant departments had strict regulations in this regard, so I guess, this trademark registration should have been registered before, otherwise there is no way to explain it."
Huo Pengfei's analysis is well-founded.
Zhou Yi was about to speak when his cell phone rang. He picked it up and saw that it was Lawyer Chen.
"Hey, Lawyer Chen, what's the matter? You decided to sue me, right? What? Don't sue again?"
"If you don't sue, you won't sue. What's the matter? This is..."
Putting down the phone, Zhou Yi looked at the two people beside him and said, "They're scared."
Sure enough, after I became famous, I didn't dare to touch porcelain on the Internet anymore.
But look at Wu Qiuling beside him, this little koi, I don't know what will happen...
Just as she was thinking, Wu Qiuling's phone rang.
"Mr. Zhou, I'm also calling from that lawyer." Wu Qiuling said.
Zhou Yi nodded: "Open and let go!"
(
4 The Significance of Chapter [-] Criminal Law (Thanks to the big brother Baiyin)
???????? Turn on the speaker, and Chen Ming's voice sounded.
???????? "Hey, Ms. Wu, I think I still need to tell you again. When the time comes to really sue, it won't be settled with this little money. We still have a good time to talk and discuss. "
???????? After saying this, Wu Qiuling turned to look at Zhou Yi, who immediately smiled.
???????? He can know without guessing now that this law firm probably signed a risk agency with the client, otherwise there is no reason to be so concerned.
???????? Zhou Yi didn't say anything, and gestured to Huo Pengfei who was next to him with his eyes. Huo Pengfei naturally understood, and said: "This lawyer Chen, what do you mean by saying it's difficult to talk about it? Sue?"
???????? Chen Ming on the other side of the phone was taken aback for a moment, but he still said, "That's right, are you..."
???????? "I am her father!" Huo Pengfei said naturally.
???????? Fog Grass! Someone Zhou was filled with gossip in an instant, sure enough, every man actually wants his girlfriend to call him Dad...
????????? I used to think that you Huo Pengfei with thick eyebrows and big eyes would not be like this, but I didn't expect you to be the same!
???????? Quickly looked at Wu Qiuling, but the other party didn't respond.
???????? While thinking about it, Chen Ming's voice sounded on the phone: "Oh, it's Mr. Wu, then you really need to think about it, considering..."
???????? Before he could finish speaking, he was interrupted by Fang Dazhang: "What are you thinking about? What's the point?
???????? Chen Ming's voice paused for a moment, as if he didn't expect this Mr. Wu to have such a temper, and suddenly raised his voice: "Mr. Wu, I did it out of good intentions, what kind of attitude do you have? what?"
???????? Huo Pengfei also shouted: "What is my attitude? Tell me what is your attitude first. Are you out of good intentions? If you really have good intentions, you should not take this case!"
???????? Although Huo Pengfei is not a good person, he is not greedy for anything. This kind of touching case will make people laugh.
???????? Lawyers are called litigators, and there must be some reason for this.
???????? "Mr. Wu, since you have such an attitude, we can't talk anymore. I have to remind you that if the infringement of intellectual property rights is serious, it may be suspected of a crime. Do you know that?"
???????? Zhou Yi has been playing soy sauce coquettishly by the side. It's just a trademark hooligan, and it's not a big problem.
???????? But he didn't expect that this lawyer might be a little out of his mind, and start threatening others on the phone?
???????? So Zhou Yi came up and said:
???????? "Lawyer Chen, are you threatening me, okay, you can use this to bully people these days, right? I don't know if this is what you mean or your What the client means, but let's take our time."
???????? After finishing speaking, Zhou Yi hung up the phone.
???????? Then he took out his mobile phone and dialed Fang Dazhuang: "Hey Fang Dazhuang, I have something to ask you here. Do you know trademark hooligans? For such behavior, we Is there any good way?
???????? After all, it is just a trivial matter, there is no need to go to the old place to communicate, just ask the situation on the phone.
???????? If there is no good solution even for Fang Dazhuang, then the only option is to go to court. When the time comes to file a lawsuit with the other party, at least get the trademark back.
???????? Fang Daxiang's voice sounded, still so reliable: "Trademark hooligans, of course I know, what's the matter, no one will dare to touch you, right?"
??????? Fang Dazang's words revealed his disbelief, he didn't think anyone would dare to play hooligans with Zhou Yi now.
???????? "I was looking for me, and then I was cowarded after it was over, but it was for me, and for other people, those people's attitudes are completely different. One of my company's employees is the one over there The lawyer also threatened that if he did not agree, he might be imprisoned..."
???????? "Prison?" Fang Dazhuang said with a kind of joy in his voice: "This is quite courageous, but these trademark hooligans have always been courageous.
???????? This is a fact. At the beginning, a certain website could regard the national flag photo sent by the selling youth group as its own copyright. You can imagine how daring they are.
???????? "I guess your company's lawyers will definitely find a way for you, say sue
???????? The other party wants to return the trademark, there is no problem with this, tie the dog... Anyway, the lawsuit will definitely win, but it may not be useful. "
???????? Zhou Yi nodded, that is indeed the case, civil torts are like this, there is no punitive damages, if you win, that means you win, as long as the other party is great and doesn’t need it.
???????? "So, you have to think a little more, remember what I said, if you encounter a problem, there is no way to solve it, remember to rely on the criminal law!
????????Of course I remember this, not just him, Zhou, these people in Tenda's legal department now have the same idea.
???????? But the criminal law is the most stringent law in our country, and it is definitely not enough for ordinary behavior.
???????? "Talk to your Huo Pengfei, let him double, is there a crime called sabotage of production and management, I won't say anything redundant, if you can think clearly, then go to manage."
???????? Fang Dazhuang hung up the phone, Zhou Yi looked at Huo Pengfei and said, "Old Huo, do you know that there is a crime called sabotage of production and operation?"
???????? "Crime of sabotaging production and operation?" Huo Pengfei nodded and said, "Of course I know, is this what Teacher Fang said?"
???????? "Their behavior does not seem to be considered a crime of sabotaging production and business operations... Wait, I understand what Teacher Fang means! ,
???????? This is the power of the back-and-forth provisions of the criminal law!
???????? This charge is obvious at first glance, it is a bit "old", and it was indeed aimed at the kind of behavior that substantially disrupted production and operation.
???????? For example, smashing the machines in other people's factories or something else, which made it impossible to continue production and operation.
???????? But just like the crime of imparting criminal methods, with the passage of time and the high development of the Internet, the extension of these crimes has also expanded.
???????? The production and operation behavior in the Internet age is completely different from the production and operation behavior in the factory in the past.
???????? "For Internet celebrities like you, Mr. Zhou, shooting videos and posting them online for everyone to watch is a kind of production and management behavior!"
???????? "And the process by which the other party cancels your account by registering the trademark preemptively is destroying your production and business operations!"
???????? Huo Pengfei's words were a bit convoluted, not as precise as Fang Daxiang's, but Zhou Yi understood.
???????? Production and management is a continuous concept, but it has new connotations in the Internet age, so damage to this process should be punished by criminal law!
???????? However, this is only a purely theoretical idea. If you want to persuade the public security organs to file a case, it is definitely not enough to rely on this mouth.
???????? "Mr. Zhou, do you want to do this? If you want to do it, it will cost a lot, because you have to prove that the other party's behavior has reached the point of seriousness." Huo Pengfei continued.
???????? As for how to judge the seriousness of the circumstances, it depends on the judicial interpretation, such as causing losses of more than 5000 yuan in public and private property, or destroying production and operation for more than three times, etc...
???????? "Come on, I think their squatting behavior is definitely not once or twice. Money is not a problem, it's a matter of convenience."
???????? Huo Pengfei nodded, with some excitement in his eyes. It seems that this case has never happened before, so this is his first time?
???????? Wucao, Teacher Fang is too kind!
???????? It is definitely not convenient for Huo Pengfei to contact the internet celebrities from all over the world, but it is fine to borrow Zhou Yi's account.
???????? On the Internet, a big V has already exposed the matter.
???????? "I have used the account for many years, and I was sued that it was not mine?"
???????? This news has detonated the Internet like a bomb, and it is as popular as Zhou's original video.
?????????????????????????????????????????????????????????????????????
? ?? ? something like that."
???????? "I checked slowly later and found that this kind of situation is not uncommon among short video up masters, because not everyone has this trademark awareness."
???????? "I have now
???????? I have collected evidence in various ways, because the other party said they would sue me. In short, my idea is that everyone should not interfere in cyber violence. It should be possible for me to get this trademark back. "
???????? "I just feel...it's really a waste of trouble, as if you are sitting at home and the pot comes from the sky."
???????? He is not bad, after all, he is a well-known Internet celebrity, so if he proves that he is very influential, if the other party is a malicious cybersquatter, he can usually get it back.
???????? And this kind of situation is not uncommon. Those Internet celebrities, one counts as one, have all experienced such things.
???????? The comment area is really filled with righteous indignation. In everyone's words, isn't this riding a horse?
???????????????????????????????? Is this reasonable?
???????? "Wu Hook Flying Sword": These people are really disgusting, don't they break the law? Did they send a lawyer's letter to A Yi...
???????? "Sister Yuan": Upstairs, even if you are crazy, they can't give pigeon hair. No one knows who he is.
????????? Everyone's discussion is in full swing, and with this wind, many Internet celebrities have made similar remarks, and they have all encountered such a situation.
???????? As a result, the voice became louder and louder, and everyone started to go crazy about Aite Ayi, wondering what he thought of this matter.
???????? However, Ayi did not send out any news.
????????So everyone started to follow the Son of Death video to find the party who sent the lawyer's letter, and soon, a series of news about the other party was found out.
???????? "Let's see, it's a company called Modu Liwei, good guy, come and see the lawsuits involved, there are too many!"
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