Current Position: Home > IP News > Fake Simba? Is it a trademark licensing dispute or a fake product?

Recently, # Simba sold fake yoga pants for more than 6 million a night #, # YPL responded to Simba's anchor selling fake #, # YPL responded to Simba's one night sale of fake 6 million #, # Xin Xuan said that the sold yoga pants were not fake # many topics were on the hot search, which once again pushed Simba and his team to the forefront of public opinion.

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However, in the dispute, Simba and the "brand side" have insisted on their own words for several rounds, drying materials, making the truth of the matter more complicated and confusing, and falling into luoshengmen. Who is the "genuine" in the end? Are they all "genuine"?


One night sales of more than 6 million is a "fake"?

On April 18, Simba and its anchor "egg" appeared in the webcast room and brought a product called "YPL sunscreen cool pants". After placing an order, some consumers found that YPL brand official did not have this product and questioned Simba's sale of fake goods.

On the 22nd, YPL in Australia said through its official Blue V microblog number "YPL sports trendy products" that the products sold by Simba do not belong to the category of YPL sales. The relevant distribution companies and production companies are not YPL's formal distribution and production channels, and have no qualification for YPL brand marketing, authorized use, product production and sales, etc.

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On the 22nd, YPL of Australia issued a statement for the first time through its official Blue V "YPL sports trendy products".

According to relevant data, the price of the product in the live broadcasting room is 63 yuan, the number of sold products is more than 100000, and the sales amount is more than 6 million yuan.

"YPL sports trendy products" said that considering the huge sales volume and amount of the product, YPL will pursue the responsibility of the product distribution company and production company according to law, and safeguard its legitimate rights and interests through legal means. Meanwhile, for online sales, YPL has the right to synchronously pursue the responsibility of relevant product links, stores, anchors, etc.


Xin Xuan responded several times a day! Authorized, trademark dispute

After the hot search on relevant topics, Xinba's company Guangzhou Xinxuan Network Information Technology Co., Ltd. responded on the evening of the 22nd that the brand holder has provided authorized links and relevant written materials. At present, Xinxuan is still making further strict verification on these materials.

According to the authorization materials presented by Xinxuan to Zhongxin finance and economics, Harbin aoshengyuan Trading Co., Ltd. is authorized to produce and sell "YPL" brand customized products to Xinxuan, and the trademark use right of aoshengyuan comes from the original holder of YPL trademark - Australian Health Industry Co., Ltd., with the authorization period from January 1, 2021 to December 31, 2026, and the authorization can be transferred.

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Relevant power of attorney presented by Xin Xuan to Zhongxin finance and economics.

On April 23, Xin Xuan issued another statement explaining that on April 13, 2022, after the original trademark holder Australian Health Industry Co., Ltd. applied for the transfer of the trademark to YPL Australia Co., Ltd., there was a dispute between the two sides over authorizing a third party to use the trademark before and after the transfer, so the transferee of the trademark said that the products promoted in the live studio were "not products under YPL brand".

Xin Xuan said that after consulting legal experts, Xin Xuan confirmed that the authorization relationship between the original trademark holder and the authorized party Harbin aoshengyuan Trading Co., Ltd. and the authorization relationship between Harbin aoshengyuan Trading Co., Ltd. and Xin Xuan are within the validity of the law.

At the same time, Xinxuan said it would handle a full refund for consumers who purchased YPL products.


"YPL sports trendy products" responded again: the power of attorney shown by Xin Xuan forged the official seal

Just after netizens thought that "selling fake goods" had become a "trademark dispute", YPL threw a heavy "bomb" again.

On the 23rd, "YPL sports trendy products" said that it had never had any business cooperation with Harbin aoshengyuan Trading Co., Ltd. and there was no trademark authorization. Xin Xuan took out the power of attorney sealed by Australian Health Industry Co., Ltd., which belongs to forging the official seal, and the forger will be investigated for corresponding legal responsibility.

In a previous statement, "YPL sports trendy products" pointed out that although the 25 types of trademarks held by Harbin aoshengyuan Trading Co., Ltd. have three letters of "YPL", they are not the "YPL" trademark held by Australia YPL Co., Ltd., while the products sold by Simba in the live studio use the trademark held by Australia YPL Co., Ltd.

Before the release of the latest statement of "YPL sports trendy products" on the 23rd, Xin Xuan said in a statement released on the evening of the 22nd that if the final verification results show that the brand holder (Harbin aoshengyuan Trading Co., Ltd.) has any illegal acts, we will seriously investigate its responsibility according to law and resolutely safeguard the legitimate rights and interests of consumers.


Trademark doubt: "YPL sports trendy products" and Australian students, who owns the genuine version?

Although aoshengyuan claims to hold the "YPL" trademark of 25 categories of clothing, shoes and hats in the international classification, the trademark is not consistent with the YPL trademark in Australia.

According to the enterprise information inquiry platform, Australian students have applied for three "YPL" trademarks in 25 categories of clothing, shoes and hats. At present, two variant trademarks are invalid and in the application state. The only "YPL" displaying "registered" is also inconsistent with the trademark pattern held by YPL in Australia. The only trademark of aoshengyuan that is the same as YPL in Australia is the fabric bed sheet belonging to category 24, and the display is invalid.

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The "YPL" trademark applied by aoshengyuan.

The legal representative of Harbin aoshengyuan Trading Co., Ltd. is Sheng Aiqin. In 2021, Guangzhou aomai Information Technology Co., Ltd., invested by the company, was listed in the list of abnormal business operations because the registered residence or business place could not be contacted.

In addition, the "YPL sports flagship store" previously supported by Xin Xuan on the Tiktok platform has been deleted. It is found that the registered company of this account is Shenzhen sadora Trading Co., Ltd., which has no trademark registration related to "YPL", and it was listed as "abnormal operation" on March 7 this year because "it can not be contacted through the registered residence or business place".

In this incident, the Australian Health Industry Co., Ltd., which appeared in the materials of both sides, could not access relevant information on many domestic enterprise information query platforms.

Lawyer: if there is an act of forging official seal, criminal responsibility shall be investigated

The repeated reversal of the plot in the storm of "selling fake goods" also confused many netizens. So in many disputes, what is the most important?

"The first consideration should be whether the official seal is forged, because all authorizations come from it." Lawyer an Xiang told Zhongxin finance and economics that forging official seals belongs to the crime of forging the seals of companies, enterprises, institutions and people's organizations in China, and criminal responsibility should be investigated.

Is it caused by forging official seals, making and selling fake products, or by trademark licensing disputes? An Xiang said that the incident was relatively complex and that "let the bullet fly for a while": "further intervention and investigation by law enforcement departments will bring the truth to light."


YPL statement: the dispute over the trademark authorization of YPL pants sold by Simba has been resolved

China news finance and economics, April 23 (Xinhua) -- on the evening of the 23rd, "YPL sports trendy products" microblog released the latest statement saying that the trademark licensing dispute involved in this matter has been properly resolved. Apologize for the impact on relevant companies, netizens and Xin Youzhi.

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