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Changsha, due to its numerous delicacies, favorable business environment, and innovative atmosphere, has stimulated market entities to explore the forefront of "catering+cultural tourism", making it a popular online city for young consumer groups to prioritize tourism. Due to good market feedback and significant influence, there are often instances of a certain brand's creative or cultural works being plagiarized.

Recently, a brand in Changsha, the "Changsha No White Comes" shopping gift bag, has been imitated by other brands in Changsha and even major brands across the country due to its brand awareness and strong recognition of gift bag design, resulting in a high "bag carrying rate" and "exposure" on the streets and alleys of Changsha.

640 (2).jpgThe Gift Bag of "Changsha Not in vain" on the Street of Changsha

Online celebrity gift bags have become popular nationwide, and plagiarism and counterfeiting are constantly emerging

This shopping gift bag, which is imitated by many brands throughout the country, comes from the famous online celebrity brand "Black Classic" in Changsha. Because of its special snacks, Stinky tofu in Changsha and other Hunan specialties, it has become a must card brand for consumers visiting Changsha.

The gift bag design combines red background with black and white text, creating a distinctive regional slogan with the slogan "Changsha is not white". Due to the large Changsha character having a certain check-in attribute, it is easier to see on the street. However, due to this simple design creativity, the imitation threshold for other brands has been lowered. In addition to being almost 1:1 reproduced, some merchants have directly removed the brand logo and made promotional materials such as store lightboxes for display.

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Brands across the country that plagiarize the visual design of "Changsha No Bailai" from different perspectives

The black classic "Changsha No White Comes" gift bag has copyright

It is reported that the black classic "Changsha No White Comes" gift bag has applied for the copyright of art works and obtained corresponding copyright protection. Due to the widespread imitation of the gift bag, and the similarity of some Changsha brand merchants' imitation exceeding 90%, the visual differences of various brands presented on the streets of Changsha are not enough, and it is also easy to mislead consumers into causing consumption errors and damaging their brand image.

At present, after receiving feedback from consumers and collecting a large amount of evidence, the Black Classic brand has communicated and urged various brand merchants for such plagiarism behavior to make modifications, and has issued legal warnings to merchants who refuse to make modifications. At the same time, the black classic brand side calls on everyone to maintain a healthy market environment, protect consumer rights, jointly create more and better products, and establish excellent brands, so that tourists visiting Changsha can experience delicious food and high-quality services, as well as respect for real life and down-to-earth happiness.

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Registration Certificate and Content of Works of Changsha Wuai Food Technology Co., Ltd

What are the types of copyright infringement?

1. Direct infringement

Any act of copying, publishing, distributing, adapting, translating, broadcasting, performing, exhibiting, or filming in any way without the permission of the author or other copyright owners constitutes a direct infringement of copyright. This type of infringement is the main target of attack.

2. Indirect infringement

The infringing act of the infringer is a continuation of the infringing act of others, thus constituting indirect infringement; Or someone who is responsible for the actions of others and has not directly engaged in any infringing behavior.

3. Breach of contract and infringement

This type of infringement mainly occurs in copyright transfer and licensing activities, such as the copyright assignee or licensee violating the contract and unauthorized use of the copyright beyond the provisions of the transfer agreement or licensing agreement. This behavior constitutes both a breach of contract and infringement. This situation occurs more frequently in the transfer and licensing of computer software.

4. Partial infringement

The infringer does not copy, adapt, translate, or otherwise use the work of others without the permission of the copyright owner, but rather partially infringes and uses the work of others.

Some infringement behaviors occur the most widely, and in real life, booksellers basically use this method to edit large reference books, greatly extracting from various books and editing them into reference books. Due to the ambiguity between infringement and "reasonable use" in some infringement behaviors, it is easy to be maliciously exploited, making it difficult to determine whether it is an infringement in litigation practice.

Plagiarism is an act of copyright infringement that carries corresponding legal consequences. The definition of plagiarism is usually reflected in the use of the same text multiple times in a work, and the complete use of relevant content from someone else's work. As long as it is not approved by the author, it is considered plagiarism.

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