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If it is in the name of **** and sells counterfeit products, then the merchant is illegal, you can complain about it, find a consumer association to complain, or the local business department.
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I'll analyze the analysis.
1.The question of infringement.
The copyright of the other party must be carefully examined, and if discrepancies are found, the claim for compensation can be disregarded.
2.Compensation for damages after infringement.
That is to say, they really did not make any profit on this **, and this ** has no interest in the friend's company at all, so if you can affirm or have evidence to prove such conditions, you don't need to worry, because even if you lose the lawsuit, you won't lose much money.
3.The issue of the cost of litigation.
The cost of litigation is generally borne by the losing party, and you may have to bear the legal costs if you lose. Lawyer's fees, transportation expenses, and the cost of inviting judges to eat are responsible for the expenses of the lawyers, transportation, and so on, and there is no basis in law to calculate this money on the other party's head.
As far as this case is concerned, if they do not make any profit on this ** as you mentioned, there is no need to worry at all, and it is enough to respond to the lawsuit themselves. Because it is the other party who sues, according to the principle of who asserts and who bears the burden of proof, he has to prove that he has gained and suffered losses, and when responding to the lawsuit, he can pay attention to whether his evidence is legal and reasonable, and whether it is relevant to the case. Based on the facts you stated, it is estimated that the other party will not even get 2,000.
It would be helpful to have time to read more about the Copyright Law and its implementing regulations.
I wish you a smooth and speedy resolution of the dispute!
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Try to emphasize the benefits, and the judge will give fewer points according to the social impact. Hope it helps.
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1. You have indeed infringed.
2. It is best to negotiate with them again to reduce the amount of compensation.
3. It is recommended not to fight the lawsuit to the end, although they have no evidence to prove how much you have profited from it, but the court will definitely award a certain amount of compensation.
4. The lawsuit has been fought, not to mention the time you have to take, the litigation costs of each lawsuit, the cost of transportation, lost work, and the compensation that still have to be paid in the end, the total amount should be more than 5000, which is not cost-effective.
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Since they have evidence to prove that they bought it out, then you will definitely lose, and if you lose the lawsuit, you are likely to pay the original 5,000, including the lawyer's fees and other expenses incurred by them in suing you, which may add up to 10,000 or 20,000.
If you can't show any evidence to show that their evidence is fake, then you'd better negotiate with them to resolve the matter, and push the price to 4000 to see if 5000 is not 5000 to make a deal, there is no need to fight the unjust lawsuit, the lawsuit is all money, ask a lawyer for money, and the compensation for losing the lawsuit is still money.
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In a lawsuit, everything needs evidence to prove! If you can't tell yourself, it is advisable to hire a lawyer, especially in criminal cases!
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It is necessary for you to bear more medical expenses, which requires evidence and witnesses. That's all there is to it.
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The question was not clearly stated, and it was not known what it meant.
But, no matter what the circumstances, the evidence is the most important thing! Hope it helps.
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Hello, this situation has to be proven accordingly.
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You should look for witnesses at the scene.
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As a complaint, it is enough, but there are many things to prepare to file a case, such as the identity information of the other party, the determination of responsibility, the hospitalization materials of Zao Zhenpei, and the disability appraisal. The specific standards of each brigade are different, and the first stool is to go to the court to ask what you want.
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1. There is no insurance company for the traces.
2. Finally, there is the person who has filed the complaint or the Moshan prosecutor.
Others didn't see the case in an uproar, which is basically appropriate.
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The property of the factory is the joint property of the husband and wife, but the evidence is difficult to obtain. If it can be proved that it is joint property, the debts incurred by the factory need to be borne jointly, and the claims obtained are also shared by both parties.
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If the production and operation has not obtained a business license, it is an unlicensed operation, which should be banned in accordance with the law, and the illegal gains should be confiscated, which is the personal behavior of the man during the separation of the two parties, and the property, creditor's rights and debts in the factory have nothing to do with the woman.
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Although the parties are separated, they are still husband and wife after all. This is the joint property of the husband and wife, and of course, the loans incurred during this period should also be the joint debts of the husband and wife, and the same is true for the creditor's rights.
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Regardless of whether the company has been established or not, as long as it is the joint property of your husband and wife, you can participate in the division. Of course, in order to divide the property, you will have to bear the debts arising from the operation of the factory, which should be the joint debts of the husband and wife.
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During the existence of the relationship between husband and wife, if there is no special agreement on property and there are cases provided for by law, they are all joint.
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1.The property of the factory shall be counted as the joint property of the husband and wife during their existence. It can be fixed in the form of witness testimony.
2.If you borrow money, it depends on the specific situation, generally speaking, it is a joint debt of the husband and wife; Of course, the creditor's right is also considered the joint property of the husband and wife.
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It is common property and common debts.
Zongheng Legal Network-Heilongjiang Dingyu Law Firm-Zhang Rendong lawyer.
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OK. 1. When you signed the contract, you did not expect that you would have to be stationed in another city because of work needs, which is an unforeseeable, unavoidable and insurmountable situation, and it is a force majeure. You are now asking to terminate the contract, not through your fault, but through unforeseen causes.
2. You can negotiate with him first, notify him within a reasonable period of time, and ask to terminate the housing lease contract.
3. If you now request to terminate the contract, it is not "the tenant unilaterally checks out", but the two parties negotiate to terminate the contract, so it is not subject to the clause in the contract that "the tenant unilaterally checks out, and any fees are not allowed to be refunded".
4. If the lessor ignores your objective situation, blindly shirks and does not agree to terminate the contract, it is unfair to you and infringes on your legitimate rights and interests.
5. If the other party still does not agree, you inform the lessor in writing, explaining the reasons for your request to terminate the contract. If the lessor still shirks, you can protect your legitimate rights and interests through litigation, and your written notice, which you should keep, and future litigation is your evidence that you have fulfilled your obligation to notify the lessor within a reasonable period of time.
6. It is your right to request to terminate the contract if the situation changes; The key is that you make your request within a reasonable period of time and give the lessor a certain amount of time to prepare.
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The law does not specifically stipulate this issue, if there is such a content in the lease agreement, it should be complied with, otherwise it is a breach of contract. Because the agreement is not illegal, the agreement is the law of both parties, and both have to abide by it.
The solution, it is better to negotiate a settlement, let the other party understand, or you bear part of the loss. If that doesn't work, you can sublet your home and recoup some of your rent.
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Hello, the general lease contract stipulates that unilateral termination will deduct one month's rent as liquidated damages, but your agreement should be a supplementary agreement, you have signed, and the landlord will not refund your money, and you have no other way, when signing the contract, this clause is what you have agreed.
As for how many days you stay, the owners will certainly not care.
It's better to talk to the owner.
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1.Whether the mediation agreement between the police station and the village is valid.
The mediation in the village belongs to the mediation of the mass organization, which has no coercive force and enforcement power, and relies on the voluntary acceptance and implementation of both parties. If you regret it, you will not be legally responsible for it.
The mediation of the police station is an administrative mediation, and it also has no coercive and enforcement force. However, if mediation is due to a fight, if it is successful, then the two parties can negotiate and deal with it; If it is unsuccessful, then the police station will generally give both parties corresponding public security penalties in accordance with the Public Security Punishment Law, and then let both parties sue and resolve the matter.
In other words, in this case, the agreement is valid but the other party can renege on it, and you need to be prepared to respond to the lawsuit.
2.If his family really wants to go to court with my family, what materials should my family prepare?
It is necessary to prepare evidence of your mother's damage, such as receipts for medical expenses, invoices, etc., and prepare investigation records of the police station at that time, such as what the situation was at that time, and how to divide responsibilities.
Because this is a brawl and a tort dispute, after the lawsuit, the court will judge the proportion that each party needs to bear according to the degree of fault, for example, if it is five or five points in the end, that is, the loss of the other party plus your loss will be divided equally between the two parties.
As for the other party's losses, if you file a lawsuit, you can question the reasonableness of the evidence, because the compensation for the loss only compensates for the necessary expenses, and not the medical expenses of the other party for the rest of your life; As for the legitimacy of the bills, it can also be challenged, requiring the other party to confirm the authenticity of the hospitalization expenses and medical expenses, and if the other party is falsely issuing or forging the bills, then the other party's compensation claim will not be recognized by the court.
3.Whether you should get a lawyer early.
The case is not very complicated, and if you have preliminary legal knowledge, you can defend yourself; However, if it involves the collection of evidence, or if you are not familiar with the law at all, then it is better to recommend that you hire a lawyer**.
In short, it is recommended that the two parties strengthen negotiations first, and if the negotiation fails, they must actively seek evidence to deal with the lawsuit. I wish you all the best and hope that my advice will be helpful to you!
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The mediation of the village and the police station is legal and effective, and the police station has the obligation to assist in the mediation.
Since you have signed the mediation agreement, you cannot renege on it unless you have evidence to overturn the mediation agreement, such as the agreement is not your true intention and you are required to sign, etc.
Now that you have agreed in the mediation agreement that you will pay for the medical expenses, the other party has no right to sue you.
As for the question of hiring a lawyer, it is sufficient to hire a lawyer when you receive a copy of the other party's lawsuit.
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I don't think this constitutes an infringement.
There are generally two conditions for constituting tort liability, 1) the infringement occurs, and 2) the serious consequences are constituted.
If the company had evidence that the act of the photography shop had actually affected their business and caused them to suffer losses, it would have constituted tort liability.
It's like Hu Ge spoofing Chen Kaige, which has had a bad impact on Chen Kaige's work. This is infringement.
Specifically, I think you should ask a lawyer.
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Recommendations:1Actively responding to a lawsuit does not necessarily require a lawyer.
What is the basis for the other party's claim for compensation of 2W? They can be refuted one by one. The ** must be removed.
As for the amount of compensation, I believe that the judge will consider the compensation as little as possible for the scale and operating conditions of the small shop.
2.Since it is a small shop, it can't even afford 5,000 yuan, which means that the brand value is not large, so the small store is closed for a period of time and re-registered under a different name, saying that the original owner is no longer dry; The other party could not find the object of the lawsuit, so it naturally did not settle it. Even if the court awards compensation, if you really don't want to pay compensation, you can take similar actions if it is cost-effective.
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It depends on the provisions of the company's articles of association, generally depending on whether you are grossly negligent, and you should not be compensated if you are not grossly negligent. In case of gross negligence, compensation is required. Generally speaking, about 20 or 30 percent of the total price should be compensated. You can find your local labor arbitration agency to solve the specific matters!
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If you don't turn positive, you don't need to pay out.
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