26
2025-03
In practice, we sometimes encounter a situation where a company's products bear the trademarks of several companies that have no actual relationship with it. Does this constitute infringement? If so, is it trademark infringement or unfair competition? The author would like to share his opinion on this issue, purely as a starting point for discussion.
2025-03-26
26
2025-03
As a professional intellectual property lawyer, I have frequently received consultations from clients regarding professional fake fighters in the past two years. Common tactics employed by professional fake fighters include packaging flaws, labeling flaws, and food business license flaws. They often use industrial and commercial complaints and rights protection lawsuits to give themselves a legal guise, but in reality, they are taking advantage of the situation for profit. One of my clients, a bread costing less than 5 yuan, was reported to the Market Supervision Administration by a professional fake fighter because the ingredient list on the label indicated "pre-mixed powder" without further specifying the composition of the "pre-mixed powder," resulting in a compensation claim of over 26,000 yuan. Numerous such cases seriously affect business operations and put considerable pressure on the daily law enforcement of market supervision departments. In recent years, such "anti-counterfeiting" activities by professional fake fighters have gradually spread to rural areas, with such cases being filed against small shops targeting elderly people left behind in the countryside, with some market supervision offices handling 30 to 40 cases a day. On February 7 this year, the State Administration for Market Regulation issued the "Notice on the List of First-Time Unpunished and Minor-Offense Exempted Administrative Violations in Market Regulation." After the implementation of the new regulations, investigations revealed that due to the loss of some profit-making conditions, the number of "anti-counterfeiting" complaints targeting small shops in rural areas within Jiaozhou City, Shandong Province, has sharply decreased. I believe the national policy came at a very timely moment. A brief review and analysis of this Notice is provided below.
2025-03-26
24
2025-03
In civil enforcement proceedings, the disposition of seized property and the order of creditor repayment are directly related to the realization of creditors' rights. When a debtor's property is seized by multiple courts, the order of priority in repayment becomes a core issue in practice due to the involvement of multiple creditors, different rights (such as priority rights and ordinary claims), and coordination among enforcement courts. Determining the order of repayment directly affects the realization of creditors' legitimate rights and interests. This article systematically sorts out the relevant rules, combining legal provisions, judicial cases, and practical operations.
2025-03-24
24
2025-03
Perspective | Case Study - A Study of Relief Channels After the Execution Basis is Revoked
Enforcement procedures are premised on effective legal documents. If a legal document is revoked, the case enforcement procedure should be terminated according to law. The main legal issue discussed in this article is whether, after the execution basis is revoked and the case execution is terminated for two years, the applicant can still apply to resume execution if new property clues are discovered.
2025-03-24
18
2025-03
This interpretation applies to disputes arising from merchants repeatedly or continuously fulfilling goods or services to consumers after receiving prepayments in the areas of retail, accommodation, catering, fitness, travel, hairdressing, beauty, training, elderly care, tourism, and other daily life consumption.
2025-03-18
05
2025-03
After a traffic accident occurs, people often focus first on "who is at fault," that is, who is the main responsible party for the accident. However, in real life, not every accident can clearly determine who should bear the main or secondary responsibility. Sometimes, due to the lack of evidence at the scene, insufficient witness testimony, or unclear surveillance footage, traffic police can only issue proof of the traffic accident according to the law, but cannot provide clear materials for determining accident responsibility. So, in cases where accident responsibility cannot be determined, how should the victims of the traffic accident obtain compensation? How should the specific compensation responsibilities be allocated? What legal consequences and responsibilities will this situation bring to the parties involved? This article will analyze how compensation responsibilities should be borne when traffic accident responsibility cannot be determined, in conjunction with the provisions of the "Civil Code of the People's Republic of China" and relevant laws and regulations, and will illustrate this with practical cases. 1. Traffic Accidents and Responsibility
2025-03-05
03
2025-03
Franchising | Legal Risks and Prevention of Fees Charged by Franchisors
In addition to the "franchise fee", the franchisor will also charge the franchisee a deposit, guarantee fund, advertising fee, training fee, and other expenses. Although the "Regulations on the Administration of Commercial Franchising" and the "Measures for the Administration of Information Disclosure in Commercial Franchising" stipulate the collection of other fees, in practice, due to weak legal awareness and unclear agreements, many disputes arise when franchisors collect other fees. How should franchisors collect other fees and prevent risks? This article elaborates on this in detail.
2025-03-03
03
2025-03
Less than three hours before the performance, the ticket I bought on Xianyu was maliciously canceled, leaving only a cold statement on the page: "The seller has closed the order, and the payment has been refunded through the original route." The performance I had been looking forward to has now turned into a bubble, and the travel expenses, accommodation fees, and other costs incurred for this are wasted. The second-hand ticket trading has gradually become a lawless land for harvesting consumers.
2025-03-03
03
2025-03
In recent years, disputes over commodity housing sales contracts have become frequent, especially issues such as delayed delivery and delays in obtaining property certificates, which often lead to lawsuits from buyers requesting contract termination. This article combines five recent cases in Shandong Province since 2024, organizes the court's judgment ideas, extracts practical key points, and provides legal risk prevention guidance for buyers and developers.
2025-03-03
26
2025-02
If the legal representatives of the bidder and the tenderer are the same person, does it fall under the clause of "having a vested interest with the tenderer that may affect the fairness of the bidding"? Is the bid valid? This article analyzes the case as follows.
2025-02-26
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
