摘要
Docket No.:479,second instance(终),civil case(民),(2020)High People's Court of Zhejiang Province(浙)Lower Court Docket No.:972,first instance(初),civil case(民),(2017)Intermediate People's Court of Hangzhou,Zhejiang Province(浙01)SUMMARY OF THE ARGUMENT In trademark infringement cases,under the prerequisite that the infringing goods in dispute are authentic and they coming from the right holder is the objective fact,if the QR anti-counterfeiting code and production batch number or other information of the infringing product in dispute that can be used to trace back to the distributor have been removed,in the case that the seller has been fully informed of the removal,it will not lead to the impairment of the trademark in dispute in its function of identifying source and the likelihood of confusion of the relevant public,nor will it affect consumers'review in terms of the quality of the product and the reputation of the trademark owner.Therefore,the principle of exhaustion of trademark rights can be applied to the sale of products with no anti-counterfeiting code,which does not constitute trademark infringement.
