Respondent: Zhao XX, male, 19XX, Han nationality, registration number XX, Group XX, XX Village, XX Town, XXX District, Fuzhou City, Jiangxi Province, and now the owner of "XXXXX Food Store" with the business address of. XX road, xx village, XXX town, Jiashan county.

Respondent: XXX Group Co., Ltd.

Address: No.3, Shangshui South, XX City, XX Province.

Legal representative: XXX, chairman of the board.

The respondent made the following reply on the trademark infringement dispute filed by the respondent:

Requested items:

1, the judgment rejected all the plaintiff's claims;

2. The litigation costs in this case shall be borne by the plaintiff.

Facts and reasons:

First, the tort actually no longer exists.

The Respondent has no objection to the alleged infringement facts in the complaint, but the Respondent bought 48 pieces and 96 pieces of "XXXX" from Haining XXXX twice on April 20th, 20 10 and July 25th, 20 10, which were sold out before the plaintiff sued. Therefore, the infringement does not actually exist, and it is of no practical significance for the respondent to demand that the infringement be stopped immediately.

2. According to relevant facts and laws, the respondent is not liable for compensation.

The respondent respects the intellectual property rights of the respondent, but the act of selling the products involved is carried out without knowing it, and there is no subjective fault. First of all, it is difficult for ordinary people to distinguish whether the products involved are products whose appearance infringes the exclusive right to use a registered trademark; Secondly, the respondent has never been punished by the administrative department for industry and commerce for selling the products involved; Finally, after obtaining evidence from XX, XX, the respondent did not give the respondent a warning or a notice to stop the infringement in time, nor did it bring a lawsuit to the court in time, so the respondent's behavior was completely uninformed. In addition, the products involved in the case sold by the Respondent were purchased from XXXX, and the Respondent is not liable for compensation according to the third paragraph of Article 56 of the Trademark Law.

To sum up, the respondent requests your institute to arbitrate according to law.

I am here to convey

XXX intermediate people's court

Defendant: XXX

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