Trademarks: Free Riding
Interpretation of Complaint Reason
 Definition |
Free Riding: The trademark described in the product title or description is not the same as the trademark used on the product offered for sale.
| Case Study |
Only brand name A is displayed on the product’s surface. But there is description of brands A, B, and C in the product title, which might constitute unfair use of trademarks B and C. This can be used as a basis for a complaint based on Free Riding by rights holders of trademarks B and C.
| Example |
The brand A is displayed on the product’s main image and product surface, so the rights holder of trademark B can submit the complaint based on Free Riding together with a declaration and related supporting evidence.
• Declarations: Please declare that your trademark has been displayed on the product title.
• Supporting evidence: Please specify the infringement location via screenshots.
| Complaint submission instructions |
Please log into Alibaba IPP Platform (Complaint Submission-Manage Complaints) and choose the related platform. For example, for sending notifications against products on Taobao.com, please choose “淘宝网Taobao.com”.
Other steps of the complaint submission details page should be completed as below:
1. IPR: “Trademark”.
2. Please choose the corresponding trademark information. (Note: Please note that takedown requests against Taobao listings should be filed based on valid intellectual property rights under protection by PRC laws.)
3. Complaint type: Please choose “Product listing”.
4. Reason: Please choose Free Riding.
5. Infringing listings: Please submit valid URL of infringing product listings.
6. Supplement infringement reason(s): Please declare your complaint basis and specify what the infringement is.
7. Documental proof of infringement: Please submit supporting evidence to demonstrate the infringement.
Other steps of the complaint submission details page should be completed as below:
1. IPR: “Trademark”.
2. Please choose the corresponding trademark information. (Note: Please note that takedown requests against Taobao listings should be filed based on valid intellectual property rights under protection by PRC laws.)
3. Complaint type: Please choose “Product listing”.
4. Reason: Please choose Free Riding.
5. Infringing listings: Please submit valid URL of infringing product listings.
6. Supplement infringement reason(s): Please declare your complaint basis and specify what the infringement is.
7. Documental proof of infringement: Please submit supporting evidence to demonstrate the infringement.
| FAQ for Rights Holders |
Q: Is it 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 use the rights holder’s trademark in the description of the products by the seller.
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 use the rights holder’s trademark in the description of the products by the seller.
Q：Does it constitute trademark infringement where a seller, without my authorization, sell my products?
A: According to relevant laws and regulations, if the rights holder’s genuine products are offered for sale by seller on Taobao.com, it does not constitute an act of trademark infringement.
Please note that we are not able to process complaints against unauthorized distribution of genuine products on Taobao.com or sale of the rights holder’s products at a lower price than the standard price by other sales distribution channels. Neither of them constitutes trademark infringement. We suggest you resolve such disputes by other means.
Please note that we are not able to process complaints against unauthorized distribution of genuine products on Taobao.com or sale of the rights holder’s products at a lower price than the standard price by other sales distribution channels. Neither of them constitutes trademark infringement. We suggest you resolve such disputes by other means.
Q：What does it mean when the products subject to a complaint do not fall into the scope of goods/services covered and protected by my trademark registration?
A: Trademark protection is limited to the class(s) covered by a trademark registration, and it may constitute trademark infringement where the product subject to a complaint falls into the scope of goods covered by the trademark registration.
For example: Where the rights holder has registered a trademark in class 3 but tries to submit trademark complaint against products in class 25 based on the trademark in class 3, the products subject to the complaint do not fall into the class covered by the rights holder’s trademark.
For example: Where the rights holder has registered a trademark in class 3 but tries to submit trademark complaint against products in class 25 based on the trademark in class 3, the products subject to the complaint do not fall into the class covered by the rights holder’s trademark.
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