Clothing Infringement Case: Is It Difficult To Fight The Tort Lawsuit In Clothing?

Zhang Na is busy these days.

In order to release its personal brand FAKE NATOO in the fashion week of Shanghai in October 14th, it will be held for a few weeks.

Infringement cases.

In August of this year, designer Zhang Na issued a declaration of rights protection through WeChat, micro-blog and other platforms. A 2015 stork of the spring and summer series, a stork of African stork.

The dress of the pattern was copied by a clothing brand in Shenzhen.

In a studio converted from an old house in Changshu Road, Shanghai, Zhang Na retold the story.

In July 26th, Zhang Na received his friend WeChat's "report" and rushed to the four floor of Pacific department store in Xujiahui, Shanghai, to see Kavon's "copy money" displayed at the door of the shop.

However, the African stork crane in the original silk cotton fabric has been running sideways in the reproduction.

What makes her angry is that the shop assistants are enthusiastic and confidently say: "these clothes are all ours."

To do this, the flower pattern is bought by a brand name 600 thousand teacher to a Central Academy of fine arts, and will never wear a shirt.

The women's clothing brand, known as Jia Wen clothing Limited, boasts "independent designer brand" on official WeChat and micro-blog. There are more than 300 stores throughout the country, stationed in department stores and shopping centers in many key cities.

"I was very angry at that time.

Foreigners often sneer at Chinese design, and do not think you have good ideas because there are too many plagiarism.

Before copying abroad, now copy yourself, we should do something. "

Zhang Na said.

On the same day, she bought a counterfeit garment as evidence, and began to look for a lawyer to sue.

Her description sounds as if the whole process is not complicated: when the notaries are accompanied by the imitation goods sold by the other party as evidence, then a lawyer's letter is sent to the brand and the merchant to withdraw the cabinet.

However, he did not give any response at all, but simply plagiarized the money.

Perhaps Zhang Na is not the first person to take the judiciary, but in the eyes of many of the original designers who have been plagiarized in China, she is bold as a "copyright fighter".

A group of designers including Liu Qingyang and Uma Wang began to collect evidence of their plagiarism.

But her success story does not apply to everyone.

According to China's intellectual property law, it can be identified that plagiarism is not a style but a fabric and pattern.

The reason why the lawsuit of "African stork Crane" can be fought is mainly because the other party copied the material. In the man's row, the silk print of African stork crane was designed by Zhang Na from scratch and signed a confidentiality agreement with the printing factory.

Compared with games, music and films, tort suits in clothing are rare.

"Printing copies have been lawfully fought, such as LV classic patterns can be played, but there is no way to define plagiarism through styling and edition.

The court generally dismantled the clothes into several splice parts, some of the original 11 pieces, though the imitation was like, but only 10.

Yun Ting, a partner and intellectual property lawyer in Shanghai Da Bang law firm, said.

This is the embarrassment of most of the designers.

"The same style, I use another piece of cloth. How do you define plagiarism? If it were not for copying my flower pattern, that is the painting I drew, it would be very difficult."

Zhang Na said.

For designers who are styling in style, trying to solve the result through judicial channels is often not worth the gain, and it takes a lot of time and energy. Even if luck wins, the ultimate compensation is very low.

And the fashion industry will explode every day. It's very likely that this style is no longer popular when you win.

Xu Bingqiang, the designer of the new footwear designer, also called his own brand Bing Xu "copied from the carton to the dust-proof bag", and some even the price is not bad.

However, in view of the fact that the same batch was copied from the big LV, Chanel, Tod 's and so on, it failed to solve the problem of imitation, so it was very difficult to Bing Xu's personal ability.

In addition to seeing tight sales channels, dealers rely on dealers to help crackdown.

As more and more Chinese designers emerge, the "competitors" in the undercurrents begin to attack.

Some of them started from the wholesale market and sold the latest luxury brands to all parts of the country.

But with the rapid expansion of Chinese consumers' vision, imitation products like Pierre Cardin, Chanel and Dior have long been unable to meet the market demand, and niche design brands including Chinese designer brands have become the focus of their attention.

However, the logic behind this business has not changed.

Shenzhen East Bin Road area is China's largest clothing wholesale market gathering place, of which the Century Square and South Oil Plaza wholesale clothing is the most high-end.

In these two squares, you can find C, line, Moschino, to the more popular designer brand MSGM and The Row.

The Chinese designer Wang juice's brand Uma Wang is mingled with these big imitation goods -- the wholesale price of a summer dress is 580 yuan, the wholesale price of a cashmere scarf is 540 yuan, and the wholesale price is 500-1500 yuan.

Uma Wang commonly used three-dimensional embossing technology, these imitation products are also very successful, wholesale shop owner claimed that domestic fabrics can not achieve these effects, so the fabric is imported from Japan.

Guangdong has an intensive luxury brand agent factory, not only for handbags but also for garments.

With the pfer of garment foundry center from China to Bangladesh and Turkey, some foundries that have mastered advanced garment making technology have begun to make imitation goods in order to find a way out.

The imitation of Uma Wang is complex and some are bought by Taobao shopkeepers. The worst case is the sale of genuine goods and fake goods.

In the independent designer brand of China, the price of Uma Wang is high, and the price of a silk dress is about 9000 yuan, so the profit margin of mixed sale is very large.

Because Uma Wang only has independent stores in Shanghai, and only sells the right to Wuhan's "HCH" and Shanghai and Beijing's "three pillars" of the buyer shop.

Part of the stock may be sold to other buyer shops, but the authenticity of the products is difficult to guarantee.

Imitation is not a new topic. Fake Chanel, LV and Prada can be seen everywhere.

However, compared with a single luxury brand with a single sales channel, the imitated goods have greater damage to the reputation of independent designer brands.

Chanel is the only sales channel for exclusive stores, so the Chanel purchased in the exclusive stores must be genuine.

But the independent designer brand is not.

Without knowing it, consumers believe that the Uma Wang bought in a buyer's shop is genuine, but that is not necessarily the case.

Once the truth is discovered, customers will be more angry because they are being cheated.

Before that, designers first had to face the anger from agents.

One of Zhang Na's partners, the "one door" buyer in Guangzhou, found that the blue series printed silk dress in the chain store was almost the same as its Fake Natoo 2015SS, and the retail price difference was about one thousand yuan.

Then came the mail question, "is this design really Fake Natoo original? This situation has seriously affected our sales."

These accusations were heard before Zhang Na formally issued the declaration of rights protection.

In November 5th, the plagiarism case will be heard in the Xuhui court of Shanghai.

However, the lawyer told Zhang Na to do the worst: he ignored the other party.

Even if the court wins an apology or compensation, they will not necessarily execute it. On the contrary, they may spend a lot of effort to cover up the matter and then continue to do their business.

It's like punching cotton on one side.

But in this process, the psychological stress that the designer has experienced is real.

"I was really hurt when collecting evidence.

I designed these things and came out early, and there was a good market reaction. At this time, I saw that my designs were copied by others, and I wanted to prove that it was my design.

Zhang Na said, "there are many complex and subtle emotions."

Zhang Na is buried in the latest series to be released. She has hidden logo FAKE NATOO on most of her research and development fabrics.

On the sample she displayed, we saw that the word evolved into a part of the pattern.

Some foreign brands, especially those with flower brands, have already done so, such as Just Cavalli.

Another necessary step for safeguarding rights is to sign a protection agreement with fabric suppliers to avoid design being leaked from the source.

In October 14th, Zhang Na will release her 2016 spring summer series during the Shanghai fashion week.

The number of fans on the official platform of FALE NATOO has skyrocketing after the announcement of rights protection.

In addition to receiving media interviews, Zhang Na spent most of his time in the studio busy with the final matter before the press conference.

The invitation has been sent out, "as far as possible, let more people see your design, is the most direct way of defending."

She said.