Feng Jianxiong finally fully understood why Chen Debing and Liu Yang completely gave up resistance in the first stage.

Ma Hesha, under Feng Jianxiong's explanation, also understood the sinister logic behind this.

For an intangible asset infringement case between enterprises, or a reputation infringement case of an individual, to find out the facts of the infringement, in fact, the lawsuit can only be said to be half the battle.

Half of what is more important is the definition of infringement profits and infringed losses.

Whether it is copyright, industrial design, patent, brand, goodwill...... Because these things are intangible and difficult to value, it is often difficult to measure how much money should be paid when they are violated.

Moreover, the rights that can be infringed on can actually be divided into very fine, take the lawsuit that Feng Jianxiong is suing now, for example, the "excellent store" did not infringe on the trademark of "three squirrels" from beginning to end, nor did it want to deliberately confuse the brand. just took some stills and clips of "A Bite of China" that appeared on the camera by name and sa to promote the "Squirrel Fruit Industry" to distort the publicity.

But this is undoubtedly also infringing.

If you compare the famous lawsuit between JDB and Guangyao in the later generations, you will know that JDB will use the trademark "Wang XX" at the beginning, and it will be sued. After changing the name of JDB, even if it advertises "the leading red can herbal tea in domestic sales", it will still be sued again, because the original packaging design also has industrial property rights, and some specific styles and designs cannot be confused - in short, in the field of goodwill publicity, the points that can be accused are very small and fragmented, and cannot be summarized in one sentence.

Less nonsense.

So, how to define the unjust enrichment of infringement and the loss of infringement?

Generally speaking, it is like this: if there is no infringement, how high the sales volume of the infringed party will be, and what is the difference now, multiplied by the net profit margin, and roughly check the loss amount.

The infringing party will only sell according to how much he can sell if he does not infringe, how much he sells after the infringement, and multiply the excess by the profit margin (here is just a rough overview of a principle, don't look at it as a law, we must be rigorous.) For details, please check the case verdict)

In patent infringement cases, these two figures are the clearest, because if there is no infringement, neither of them is allowed to be produced or sold. Therefore, how much the infringer sells, it is all unjust enrichment.

But the brand is complicated - do not fake other people's brands, as long as the product is done well, the same can be sold. If the plaintiff wants to say that "he can't sell any of the miscellaneous cards", this is obviously not supported by the judge.

At this time, it is necessary to prove that one's goodwill is valuable, or in the case of reputation rights, it is necessary to prove that the personal reputation of the citizen of the party concerned is valuable.

It's a pity that Feng Jianxiong and Ma Hesha happened to be in a scandal these days.

Moreover, this scandal is only a little more than a month away from the time point of Liu Yang's "excellent store" infringement-related acts.

So the defendant's lawyer came up with this killer feature: We did use you for propaganda without authorization, but the profit was only for the first month or so, and there was no lasting impact.

Because after only a little more than a month of invasion, you yourself stink! How much more profit can you make by playing your scandalous signboard?

In the case of defamation infringement of ordinary people, in judicial practice, how much compensation is generally awarded?

In fact, tens of thousands of dollars are already very face-saving, after all, the face of a non-celebrity is not worth much.

Chen Debing said 200,000 yuan, 100,000 yuan for squirrel fruit industry, and 100,000 yuan for horses and yarn, which is already a kind of respect.

Domestically, this cheapness is the norm for justice. Similarly, there is the issue of "moral damages" in civil litigation, and it is almost never seen in trial practice who has been compensated more than 5,000 yuan for moral damages.

The most extreme example is that in 02~03, there was a famous groundbreaking "sky-high" compensation case for mental damages in China, and because of the huge amount of compensation, it was on CCTV's "Today's Statement" (it was still a program hosted by Sa Beining at that time).

The case itself was a medical malpractice dispute, and the party was misdiagnosed by the doctor as Yin J cancer, and was cut off in vain, and finally appealed to the Provincial High Court, where he was given 60,000 yuan in compensation, known as the highest mental loss fee in China. (Of course, the compensation for disability and medical expenses is calculated additionally, and the 60,000 yuan is only a pure mental loss fee.) ）

The loss of dignity caused by being chopped by a white cock is only worth 60,000 yuan, which shows how worthless ordinary people's faces are.

……

Chen Debing is a big figure in central Hubei, and his dialectics are certainly quite on the stage.

The above naked point of view, after being packaged by him, naturally looks very Li Jufu.

The conclusive introduction of his explanatory words is nothing more than two meanings:

Ma Hesha, the party who was used as propaganda material, has been considered by netizens to be a guy who is as good as he can in order to win a position, so there is no commercial value in continuing to promote her, and the best store has not received much follow-up benefits from this.

The credibility of the film "A Bite of China" will soon be devastated and questioned. Because its investor is a scumbag who relies on money to create opportunities to play with women, this kind of scum will definitely add a lot of implantable soft to the film. Therefore, in the near future, the brands that people recognize because of this documentary will not have much positive publicity.

In addition, every sentence he said was supported by data: mainly the comparison of the sales growth rate of "Youpin" before and after the infringement.

Judging from the data, after the infringement and confusion, the increase in sales of the best store is indeed not so abrupt and obvious - but in fact, the marketing and publicity of the advertising industry has a certain lag. It's just because it happens to catch up with Feng Jianxiong and Ma Hesha at the moment, so this lag can be explained maliciously.

As for the continuous decline in sales of "Squirrel Fruit" in December, Chen Debing can also logically rely on the explanation that "your company itself is facing a public relations crisis, and the brand stinks, so no one buys it, and it cannot be proved that it is because of our infringement that it has attracted consumers".

Liu Yang, the owner of "Premium Shop", listened on the side, and his face gradually changed from dull at the beginning to gradually become lax and arrogant.

When he first accepted Chen Dazhuang's strategy of "giving up forward resistance and luring the enemy deeper", he was still a little weak-hearted.

Later, Chen Debing said, "If the factual determination part is not a defense, it will be directly admitted." The law firm can do less investigation work and debate preparation for this part, and it can also charge a few less lawyer fees", he Liu Yang completely recognized.

He also knows that the infringement facts can't be turned around, and if you spend more lawyer's fees, you will be entangled, and you can't change the result, so you can save money.

Now it seems that this is all right.

During the mediation, Chen Debing seized the opportunity to explain to the employer: "Mr. Liu, what is my plan? This kind of lawsuit should be put on a sincere confession of mistake in the early stage, so that the judge will have a good impression of us, and will be more inclined to our position in the subsequent amount mediation."

At the same time, this kind of case is concerned by the public, and the plaintiff is currently a celebrity on the cusp. When we respond to the lawsuit, we should not only consider the judicial cost, but also consider the reaction of public opinion. If we seem to be very open and sincere. And the other party seems to be vexatious, and this follow-up hype can also play an invisible positive role in your company's brand. Your lawsuit is worth it!"

Although Liu Yang is shrewd, he is not a stingy person. was analyzed by Chen Debing, and he suddenly felt that the hundreds of thousands of lawyer fees this time were too well spent.

……

Of course, Feng Jianxiong did not give up at all, he was originally the party that took advantage of reason, and his arguments were so lively.

However, in order to test whether the other party is sincere in mediation, he lowered his request again - reducing the claim amount from 6 million to 5 million.

It's a pity that Chen Debing didn't mean to relax at all, and at first said that it was 200,000, but he bit 200,000 to death. Even Feng Jianxiong took a sigh of relief, and he also refused to take a sigh of relief.

It seems that the other party is iron-hearted.

Seeing that the presiding judge, Judge Yuan's mood, was also a little anxious, Feng Jianxiong realized that there was no need to talk nonsense, so he made a new request.

"Honorable Presiding Judge, I have to draw the court's attention to the fact that the opposing party's claims that Miss Ma and I have a bad reputation and low commercial publicity value are not supported by facts.

It is true that we are currently caught up in some public opinion, but those are slanders. We have already sued the relevant media in the Chaoyang Q Court in Beijing the day before yesterday, and we will have our own public opinion at that time.

However, in view of the fact that the judgment of 'goodwill value' in this case needs to be determined by reference to the trial result of another case, I apply for an adjournment of the trial of this case and ask the presiding judge to make a decision!"

Feng Jianxiong said, and temporarily requested the submission of a supplementary certificate, that is, the relevant document number of another case he sued in Beijing.

This kind of evidence can be directly queried within the court system, so there is no need for any entity, and Feng Jianxiong can make an oral statement.

Judge Yuan immediately instructed the clerk to inquire about the relevant information in court, and after confirming that it was correct, he announced:

"That being the case, the mediation in this case will be based on the outcome of another pending case. At the request of the parties, the court announced that the trial of the case was adjourned. In addition, according to the relevant provisions of the Civil Procedure Law, the trial time limit of this case will not be bound by the one-year conclusion of ordinary civil cases, so please be aware of the fact that both parties are aware. ”

Judge Yuan then announced his retirement from the courtroom.

Listening to this Qifeng's abrupt request, Liu Yang, who was still in control, once again showed some melancholy between his eyebrows.

He glanced at Chen Debing coldly: "Don't be self-defeating! But you asked me to give up resistance in the factual determination part and save the cost of responding to the lawsuit! Now that our factual part has been fully recognized, if the later part of the loss definition is whitewashed by him and turned over, we will completely collapse!"

Chen Debing also had a slight sense of weakness for a moment, but as a first-class person in the province, he quickly regained his composure and comforted his employer:

"Impossible, how could he win this kind of lawsuit involving men and women in an all-round and beautiful way? Even if he finally won the case because 'whoever asserts the case will bear the evidence' and 'there is no doubt about the guilt', it is only to 'doubt' this kind of filthy behavior. We can still use the 'their image in the public has not been completely restored' to depress the value of their goodwill. Of course, maybe if you have to raise the price slightly, 200,000 may not be able to stop...... I'm sure it's within 500,000, absolutely!"

Liu Yang's eyebrows twitched, and Sen Ran said: "Anyway, I only look at the result, if you let me lose a huge amount of money, you don't want to take the risk balance of the lawyer's fees!