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It may not mean that your font is infringing, but that your product name is similar to the writing of one of their product names, just like the fake "Master Kong" written "Kang Shuaifu", which is enough to mislead consumers.
You can find evidence that you are not infringing. Look at the terms and sincerity of the other party to negotiate. Then decide whether to respond to the lawsuit.
It can be roughly considered from the following aspects:
1. The time, region and scope of influence of the other party and you respectively start to use their respective trademarks.
2. Whether the other party is a famous trademark.
3. Whether the other party is damaged as a result and what is the amount of damage.
4. Whether there is any suspicion of malicious registration or malicious preemptive registration.
5. Whether the trademark of the other party is licensed to others to use, or whether there is a relevant record.
6. In addition, check the quality information of the other party's goods in order to better understand the other party's intentions.
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What are the specifics? If it is a font infringement and involves intellectual property infringement, it is recommended to negotiate with the other party or find a lawyer to respond to the lawsuit as soon as possible, but pay attention to whether the other party is the intellectual property owner of the font.
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Trademark infringement, if you are a registered trademark, you can ignore it. If you're in counterfeit packaging, then negotiate.
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You may be infringing, and now the special font of Chinese characters may be infringing, you go to see the Blizzard Requisame font infringement case, let's take a look.
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Find out the reason first, then consult with a lawyer, and if necessary, prepare materials to fight the lawsuit.
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Two tricks to check whether the font is infringing, including a welfare skill!
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If the other party asks for compensation, it can be resolved through negotiation.
If the company receives a similar font infringement letter, it should not mess with itself, and the specific staff should check whether the relevant font is indeed used in the publicity channels such as WeChat, the company, the poster, and the publicity.
If the company does not use the relevant font, there is no risk of infringement and the company can ignore the call or letter. If the other party enjoys the copyright, the company does use the relevant fonts, there may be a risk of infringing the intellectual property rights of the other party, and it is recommended that the company immediately delete or withdraw the use of the relevant fonts on the premise of saving the screenshots of the relevant uses.
However, in view of the high litigation cost, manpower and time required for general font infringement, the other party will selectively file an infringement lawsuit, so the company can wait for the other party to file a lawsuit, and then mediate, settle or respond to the lawsuit with the other party after verifying the relevant evidence and confirming the risk of infringement, so as to avoid directly paying the other party the settlement fee without knowing the true identity of the other party, resulting in economic losses.
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2. Immediately remove or replace all the products and works involved in the infringement.
3. Actively communicate with the claimant about the amount of compensation (generally a large bargain) 4. If the communication ** is not very expensive, it is recommended to spend a small amount of money to solve it, otherwise the lawsuit is very energy-intensive.
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How to deal with font infringement.
Clause. 1. Friendly consultation. This is the most common and fastest way to resolve civil disputes, and it is a way to resolve the problem peacefully through friendly negotiation between the two parties, which is in line with the principle of autonomy of will in the Civil Law.
Clause. 2. Mediation. The so-called mediation refers to a way to promote the two parties to reach an agreement on the dispute and resolve the dispute through the mediation of a third party.
Socks this section. 3. Arbitration. Arbitration is also an important way to resolve civil disputes, and arbitration institutions accept arbitration applications and make arbitration resolutions on the facts of the case, which have legal effect.
Clause. 4. Litigation. It is the most straightforward way to file a lawsuit in the court where there is a lack of good bank, and the judgment made by the court has the highest effect and must be enforced, and if it refuses to be enforced, it can apply to the court for compulsory enforcement.
Article 123: [Definition of Intellectual Property Rights]Civil entities enjoy intellectual property rights in accordance with law.
a) the work; 2) Inventions, utility models, and designs;
c) trademarks; 4) geographical indications;
5) Trade secrets;
6) Layout design of integrated circuits;
vii) new plant varieties;
8) Other subject matter provided for by law.
It should be noted that there is no sequential statement of the above solutions, that is to say, you can directly enter the litigation procedure without negotiation, mediation, etc., but if the parties agree in the contract to resolve the dispute by arbitration, the court will not accept it without going through the arbitration procedure.
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Legal Analysis: Font infringement is a violation of copyright law. According to the provisions of China's copyright law, if the copyright of a font is infringed, the compensation to the victim shall be subject to the actual losses caused, and if the illegal gains are obtained, the corresponding compensation shall be made according to the illegal gains.
Legal basis: Copyright Law of the People's Republic of China Article 48 Where any of the following infringements is committed, civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances; where the public interest is harmed at the same time, the administrative copyright management department may order the infringement to be stopped, confiscate unlawful gains, confiscate or destroy the infringing copies, and may impose a fine; where the circumstances are serious, the administrative copyright management departments may also confiscate materials, tools, equipment, and so forth that are primarily used to make infringing copies; where a crime is constituted, criminal responsibility is pursued in accordance with law
1) Without the permission of the copyright owner, reproduction, distribution, performance, screening, broadcasting, compilation, or dissemination of their works to the public through information networks, except as otherwise provided by this Law;
2) Publishing books in which others enjoy exclusive publishing rights;
3) Without the performer's permission, reproducing or distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks, except as otherwise provided in this Law;
4) Without the permission of the producers of audio or video recordings, reproduction, distribution, or dissemination of audio or video recordings produced by them to the public through information networks, except as otherwise provided in this Law;
6) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoiding or undermining the technical measures taken by the rights holder to protect copyright or copyright-related rights for their works, audio or video recordings, and so forth, except as otherwise provided by laws and administrative regulations;
7) Intentionally deleting or altering electronic information on rights management such as works, audio or video recordings, etc., without the permission of the copyright owner or copyright-related rights holders, except as otherwise provided by laws and administrative regulations;
8) Producing or counterfeiting works signed by others.
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1. Mediation refers to the dispute resolution method in which the parties reach a settlement agreement under the auspices of the mediation organization in the event of a dispute. Mediation organizations may be copyright administrative departments and other departments, as well as other social groups and mass organizations. Copyright infringement disputes and contract disputes can be resolved through mediation. >>>More
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It depends on your bottom line, and if you feel you can afford to hit someone and you're willing to do it, go for it. But I don't think anything that can be solved with his fists is not a problem, he may think that he is joking with you, you just need to make his attitude clear to him, if he still insults you like that, you ignore him, the purpose of his insulting you is to make you angry, unhappy, you just ignore him, in two days he will not be doing it, because it is meaningless. Hope my advice helps.