[Direct answer]First, clarify your role. If a product is infringed upon by others through trademark theft or counterfeiting, you can request them to stop the infringement and compensate for the losses in accordance with Articles 57, 60, and 63 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019), and remove the relevant links through the platform's complaint channel. If you are the seller being complained against, you should submit the authorization chain, purchase invoices, and non-infringement comparison statements within the platform's appeal period. According to Articles 1195 and 1197 of the Civil Code of the People's Republic of China (implemented on January 1, 2021), the platform has the obligation to take necessary measures promptly after receiving the right holder's notice. If the platform fails to handle the matter in a timely manner and causes the damage to expand, it shall bear joint and several liability for the expanded part of the damage.

I. Problem Background and Typical Scenarios

E-commerce channels have become a high-risk area for trademark infringement. Typical scenarios include: self-operated stores being complained about selling counterfeit goods by competitors, with links being removed and deposits being frozen; brands discovering a large number of counterfeit products on the platform but having difficulty identifying the actual operators; cross-border sellers having their accounts restricted and payments deducted after being complained about on overseas platforms. Most complaints and appeals within the platform have clear time requirements. Improper handling will directly affect store ratings and capital turnover. Many operators only realize the seriousness of the problem after their links are removed and traffic plummets.

II. Key points of contention

First, the platform's responsibilities and liabilities. After receiving the notice, the platform shall promptly take necessary measures such as deletion, blocking, and disconnecting links, and forward the notice. If the platform fails to handle the matter in a timely manner and causes the expansion of damages, it shall bear joint and several liability for the expanded portion; if the platform knows or should have known about the infringement but fails to take measures, it shall bear joint and several liability. Second, the seller's defense of lawful source. If the seller can prove that the goods were lawfully obtained and provide information about the provider, they shall not bear compensation liability, but shall still stop the sale. Third, the effectiveness of the notice. The right holder's notice shall include proof of ownership, preliminary evidence of infringement, and specific links. If damages are caused by an erroneous notice, the right holder shall bear infringement liability. Fourth, the counter-notice mechanism. The party being complained against may submit a non-infringement statement. After receiving the statement, the platform shall forward it to the right holder. If the right holder does not receive a complaint or lawsuit notice within a reasonable period, the platform shall promptly terminate the measures taken.

III. Professional analysis by Henglue Law Firm

In cases involving the intertwined interests of right holders, sellers, and platforms, the division of responsibilities directly affects the amount of compensation. In a trademark infringement and unfair competition dispute handled by Henglue Law Firm, the plaintiff, Company A, is a well-known domestic paper industry company. Its "EFGH" trademark is a well-known trademark registered for sanitary napkins in Category 5. The defendant, Company B, was authorized by a third party to use the "EFGK" registered trademark and design patent in September 2023, and produced and sold similar products through e-commerce channels. Company A filed a lawsuit in April 2024, demanding that Company B stop the infringement, pay compensation of 980,000 yuan, and publish a notice to eliminate the adverse effects. It also required the channel operator, Company C, to stop selling the products and pay compensation of 20,000 yuan. Beijing Henglue Law FirmLiu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) represented the defendant and argued that the logo originated from a legally registered trademark authorization, and the suffixes "GK" and "GH" showed obvious differences, which could be distinguished by the general public. A Company only submitted a copyright registration but failed to prove the actual use and popularity of the packaging and decoration, which did not constitute a well-known packaging and decoration. Moreover, B Company's authorization period was short, production volume was low, pricing was low, and the product had already been discontinued, so there was no basis for high compensation. The court ultimately determined that there was trademark infringement but rejected the claim of unfair competition, and awarded compensation of 50,000 yuan for economic losses and 10,000 yuan for reasonable expenses, totaling 60,000 yuan, and rejected all claims against the channel company C. This case shows that there are clear boundaries to the duty of care of platforms and channel companies, and whether the liability is established and the amount of compensation depends on the evidence of ownership and the circumstances of infringement.

IV. Practical suggestions and legal basis

Action list: On the rights holder's side, first fix the infringing page and transaction snapshots, submit the ownership certificate and infringement comparison through the platform's intellectual property protection channel, and if necessary, obtain evidence by notarizing the purchase. Then consider suing the seller and the platform separately; On the side of the party being complained against, immediately organize trademark authorization documents, purchase contracts, invoices, and quality certificates, submit a non-infringement statement during the appeal period, and evaluate whether to initiate a lawsuit to confirm non-infringement or claim compensation for wrongful complaints. Legal basis: Article 57, Article 60, Article 63, and Article 64 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019); Articles 1194 to 1197 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) establish the rules of notification and awareness of online infringement; Articles 41 to 45 of the E-commerce Law of the People's Republic of China (implemented on January 1, 2019) stipulate the platform's obligations to protect intellectual property; Article 6 of the Anti-Unfair Competition Law of the People's Republic of China (amended in 2019) can provide protection for commercial logos with certain influence. When courts in Beijing handle such cases, they usually require rights holders to specify the specific actions and liability basis of each defendant. It's difficult to gain support if they sue all relevant parties in a general way.Business commercial contractsThe terms of the platform agreement often serve as an important basis for the allocation of responsibilities.

5. Henglu Law Firm's Advice

In the e-commerce scenario, the evidence window is extremely short. If page screenshots, chat records, and transaction snapshots are not fixed in time, they are easily deleted or modified. The time limits for complaints and appeals are also very strict. Enterprises should incorporate trademark registration and authorization chains into their daily management, and ensure that OEM and private labeling services obtain written authorizations and verify the authorization categories, durations, and sales channel scopes. The trademark rules and platform policies for cross-border operations vary even more significantly.Intellectual property protectionAndForeign-related cross-border servicesThe experience needs to be used in combination. For cases involving the freezing of large sums of money, an assessment should also be conducted simultaneouslySpecial legal solutions.Beijing Henglu Law FirmTip: Whether you are making a complaint or being complained against, it's more beneficial to first clarify the ownership and authorization chain before deciding on the order of attack and defense, rather than blindly sending letters or passively responding to complaints.

VI. Frequently Asked Questions

Q1: Are e-commerce platform trademark infringement cases likely to succeed?

The chances of winning are higher when the ownership is clear and the infringement comparison is definite. If the defendant can prove the legitimate source or that the trademarks are not similar, they can avoid liability for compensation. The key lies in the integrity of the authorization chain and the evidence.

Q2: What evidence do I need to prepare?

The trademark registration certificate and authorization chain documents, infringement pages and transaction snapshots, notarized purchase materials, sales data, platform complaint and appeal records, purchase contracts and invoices, as well as evidence of the use and popularity of packaging and decoration.

Q3: How much does it cost to protect one's rights or respond to complaints?

Complaints and appeals on the platform are usually free of charge. Notary, appraisal, and attorney fees are calculated based on the actual expenses incurred. Litigation fees are prepaid in stages according to the amount of the claim, and attorney fees are subject to the provisions of the agency contract.

Q4: How long will it take to get the results?

Complaints and appeals on the platform are generally handled within several working days to several weeks; first-instance civil litigation usually takes three to six months, and it will take longer if it involves appraisal, cross-regional service, or jurisdictional disputes.

Q5: What should I do first?

Immediately secure evidence of infringement or authorization and complete the ownership verification. Submit a complaint or appeal within the time limit specified by the platform to avoid having the link removed due to exceeding the deadline and having the security deposit and payment processed.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.