Unfair/unauthorized use of others' trademark on product information page Interpretation of Complaint Reason

    Definition

Unfair/unauthorized use of others' trademark on product information page The trademark described in the product title or description is not the same as the trademark used on the product offered for sale.


    Scenario

Scenario 1: Free Riding
The seller has their own brand on the product, but the trademark described in the product title or description is not the same as the trademark used on the product offered for sale, thus creating confusion.
For instance:The rights holder's trademark is brand A, and the seller's product is brand B. But in the parts of the product information page, such as the product title, or the product description, brand A is mentioned, therefore the rights holder of trademark A can submit the complaint based on Free Riding together with a declaration and related supporting evidence.
Example:

Complaint Reason Explanation:Please confirm the exact nature of the infringement, such as the seller is selling product of brand B, but brand A is used in the product information page and infringes the rights holder's trademark rights.
Declarations:Please declare that your trademark has been displayed on the product title or product information page, and include a screenshot to identify the location.
Supporting evidence: Please specify the infringement location via screenshots.


    FAQ from Rights Holders

  • Q: What is the difference between "Unfair/unauthorized use of others' trademark on product" and "Unfair/unauthorized use of others' trademark on product information page"?
    A:Commonalities:There is a trademark infringement on the product or information page posted by the seller, but in both cases it is not an issue of counterfeiting.
    Differences:"Unfair/unauthorized use of others' trademark on product" refers to the unfair/unauthorized use of the right holder's trademark on the actual goods sold by merchants; where "Unfair/unauthorized use of others' trademark on product information page" refers to the unfair/unauthorized of the trademark on the product information page, such as within main image/detailed image of the product (but not on the product itself), or within the title or the detailed product description.

  • Q: Does it constitute "Unfair/unauthorized use of others' trademark on product information page", where sellers imitate our genuine products and use our trademarks in the product information page?
    A: No. If merchant is selling counterfeit products, please submit a complaint based on "counterfeit products".
    Provide documents of infringement, such as a comparison between genuine and the suspected counterfeit product, test buy reports, Trade Manager chat records, etc.

  • Q: The seller's product has its own brand, but my trademark is used on the product details page, does it necessarily constitute a trademark infringement?
    A: In this case, the behavior of the seller is not necessarily infringing. Alibaba will need to consider the physical product as well as the product details page to determine whether the behavior of the seller falls under a right of legitimate use (fair use).
    For example, when the seller is selling the product, it can use the registered trademark of others to help consumers identify the purpose of product. For example: "This ink cartridge is suitable for A (brand) printers. Consumers will generally not mistakenly believe that the ink cartridge is produced by the printer manufacturer, but will believe that the ink cartridge can be used in A (brand) original printers.

  • Q: Shall I submit a complaint based on "Unfair/unauthorized use of others' trademark on product information page" if my brand is shown on the title or on the packaging of the product?
    A: Please submit a complaint based on "Counterfeit" if the seller uses the brand on the product itself or the packaging.
    If the brand is shown in the title while the product itself belongs to another brand, please submit a complaint based on "Unfair/unauthorized use of others' trademark on product information page". If the brand is shown in the title while no other brand can be found on the product, please submit a complaint based on "Unfair/unauthorized use of others' trademark on product".

  • Q: Shall I submit a complaint based on "Unfair/unauthorized use of others' trademark on product information page" if a seller uses only part of my brand or a similar brand in the title of a listing selling their own branded product?
    A: Please submit a valid judicial judgment or administrative decision to support the trademark infringement.

  • Q: Is it considered Free Riding where the seller is not authorized to sell my products but displays my trademark on the product title?
    A: No. According to relevant laws and regulations, if the rights holder’s genuine products are displayed and offered for sale by a seller on Taobao.com, it does not constitute trademark infringement to use the rights holder’s trademark on the images of the products or to use the rights holder’s trademark in the description of the products by the seller.。