In recent years, many e-commerce sellers often give gifts to promote sales when operating their stores. Some sellers will choose brand products as gifts. So if the gift is a branded product, does it count as infringement? This will be introduced in detail below.
Generally, the seller’s behavior of giving away gifts is a special promotion strategy for the product. The seller’s purpose is to promote sales by giving away gifts and then achieve profit. Therefore, the behavior of giving away gifts is actually a special kind of sales. Behavior. Since the seller mainly wants to make profits, this behavior is an infringement of the exclusive rights of a registered trademark and will generally be considered a trademark infringement. Therefore, if the seller’s gifts are branded products, it is considered infringement.
However, if the seller gives away products of the same brand, it generally does not involve trademark infringement issues. The main reason for choosing to give away products of the same brand as gifts is to promote the brand. To sum up, if a seller wants to increase sales by giving away gifts, he needs to pay attention when choosing gifts. He can choose products without brand trademarks, or he can ask suppliers to print the brand’s logo when producing products, so that there will be no trademark infringement. .
After confirming that infringement has occurred, the seller needs to take measures according to different situations, as follows:
1. If the seller does indeed commit infringement, it is generally not allowed to create a new listing after moving the warehouse. Otherwise, the seller will be constantly complained, and in serious cases, the store will be shut down. If the seller still has a lot of inventory and wants to continue selling, he can generally contact the brand owner via email and apologize to the other party. He can also try to negotiate a settlement with the other party, pay compensation, etc.
2. If the seller does not infringe, or the infringement is controversial, and if there is no response after contacting the complaining party multiple times, the seller can provide all evidence that the product does not infringe to the platform official via email.
The above content has provided a detailed introduction on whether gift brand products are considered infringement. If the seller infringes the trademark, he may be fined. In severe cases, the store may be banned, which will have a negative impact on store operations. It may also affect the evaluation of high-quality sellers, so when choosing gifts, sellers need to carefully determine whether the gifts involve trademark infringement.