Law

Grabbing someone else's product information and "one click distribution" to open an online store. The owner of the online store was ordered to compensate for infringing on someone else's trademark exclusive rights

2026-01-23   

Is it feasible to open an online store with "zero cost" and "no source of goods", and use the "one click distribution" software to grab and upload product information from other platforms in bulk? Recently, the Nanshan District People's Court in Shenzhen, Guangdong Province, concluded a trademark infringement dispute case, determining that the unauthorized use of identical or similar trademarks by online store operators constitutes trademark infringement, and ordered them to compensate the rights holder for economic losses and reasonable expenses. A certain company owns multiple registered trademarks. In early 2025, a company discovered that two home textile products sold on the homepage of a certain online store were using its registered trademark in the link name and display image. Therefore, the company sued the registered operator of the online store, Wu, to the court on the grounds that the online store was using its trademark without permission, demanding that he stop infringing and compensate for economic losses and reasonable expenses for rights protection, totaling 50000 yuan. Wu argued that he earned living expenses for part-time jobs, opened an online store after learning online, purchased the "one click shopping" software, entered product keywords to quickly copy the title, link, price and other information of the selected products from other platforms, and uploaded them to personal stores in batches. After receiving the order, he would "clean" an identical product and send it to the buyer. Wu stated that he unknowingly listed products with relevant labels without causing any economic or reputational losses to the company, and requested the court to reject the company's lawsuit request. After the court's trial, it was determined that a certain company is the rightful owner of the series of registered trademarks involved in the case, and the trademark exclusive rights of the company are protected by law within the registration validity period. The goods sold by Wu are household textiles, which belong to the same category as the goods approved for use under a registered trademark of a certain company. Without the permission of the trademark owner, Wu prominently used logos that are the same or similar to the registered trademark of a certain company in the link names and product display images of two products in his store. The relevant public may easily mistake the source of the goods or believe that the source of the goods involved in the case is specifically related to the goods under the registered trademark of a certain company. Therefore, the court has determined that Wu's involvement in the case constitutes an infringement of the exclusive right to use the registered trademark of a certain company in accordance with the law. During the trial, both parties confirmed that the infringing behavior involved in the case had ceased, and a certain company also withdrew its relevant lawsuit request for Wu to stop infringing. The court comprehensively considered the popularity of the trademark involved in the case, the nature and consequences of Wu's infringement behavior, and the reasonable expenses that a certain company must incur to protect its rights. Therefore, it decided and ruled that Wu should compensate the company for economic losses and reasonable expenses for protecting its rights, totaling 5000 yuan. The verdict has now come into effect. With the rapid development of e-commerce platforms, it has become increasingly convenient for individuals to open online stores. Technological models such as "one click stocking" and "one item delivery" have been widely used in online store operations due to their convenience and speed. The so-called "one click stocking" refers to the process in which sellers quickly upload product information in bulk to their registered online stores through software tools or platform functions, with the aim of simplifying the product listing process and improving efficiency. But currently, some store operators still want to open a "zero cost" or "no source" store even when there is no supply or a lack of supply. They use the "one click distribution" mode to batch copy and grab product information from other platform stores or other stores on the same platform and upload it to their personal stores. They earn the price difference by raising prices and shipping directly from the previous store without hoarding. This sales and operation model implies many risks. If the operator does not carefully identify and verify the source of the product, it is highly likely to be involved in legal risks such as trademark infringement and copyright infringement. At the same time, unauthorized use of software such as "one click moving" and "stealing pictures and shops" may also infringe on the data rights of the original store and platform, constituting unfair competition. (New Society)

Edit:Jiajia Responsible editor:Linian

Source:https://www.rmfyb.com/

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