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 (ZT)要求索赔：全球5大名牌起诉北京秀水市场 |
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(ZT)要求索赔：全球5大名牌起诉北京秀水市场 -- A.Hitchcock - (838 Byte) 2005-11-03 周四, 03:49 (1140 reads) |
250
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头衔: 海归中将
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作者：250 在 海归茶馆 发贴, 来自【海归网】 http://www.haiguinet.com
as we all know, chinese courts never really go by the book:
they mostly easy to be politically influenced. therefore i would not be surprised that the market owner lose the case.
however, if the defendant really could prove the following
1. in their lease they have explicitely stated all patents and trade marks are protected. all fake products are prohibited from selling in the vending counters leased from them
2. if they could prove a log to the court that they followed on "all complains" about such fake products by revoking the lease
i think they should appeal to high court if the lower court judge against them because
they are just a business entity providing vending counters by lease to vendors. they have no rights or responsiblities to enforce laws. all they need to do is to provide a explicite term prohibiting such deals, and to follow ip on violation of lease contract terms.
to bring down the market,the plaintiff should be able to prove to the court that the market benefits from such deals, or knowingly provided the lease to facilitate such deals...
this is like you go to great wall hotel, and police raided on the hotel and busted 5 drug dealers. does that make great wall hotel a drug dealer facility just because the drug deals were conducted on their premise?
this is fucking nuts! i see a wake case! but the plaintiff may win!
now, about theose vendors, that's a different story.
作者：250 在 海归茶馆 发贴, 来自【海归网】 http://www.haiguinet.com
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 (ZT)要求索赔：全球5大名牌起诉北京秀水市场 -- A.Hitchcock - (838 Byte) 2005-11-03 周四, 03:49 (1140 reads) - LV最新产品 -- keyi - (67 Byte) 2005-11-03 周四, 20:05 (468 reads)
- would be very interesting to watch the development -- 250 - (1436 Byte) 2005-11-03 周四, 07:53 (408 reads)
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