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Can restaurants apply for compensation for counterfeiting other people's brands and false propaganda?

Restaurants can apply for compensation for counterfeiting other people's brands. The details are as follows:

1. Negotiate compensation with the merchants themselves, and sign a compensation agreement if consensus is reached;

2. If negotiation fails, you can complain to the consumers' association and claim compensation, or complain to other organizations or administrative organs to claim compensation;

3. bring a lawsuit directly to the people's court and request the court to order the merchant to compensate for the losses.

what is the role and importance of lawyers in consumer infringement disputes?

1. Whether it constitutes infringement before litigation is the basis and key of litigation. If there is no infringement, there is no need to bear the liability for compensation, and the lawsuit is meaningless. Therefore, it is particularly important to judge whether there is infringement. The property owner should submit the proof that he is the property owner and other related materials to a professional lawyer for review. And truthfully state the evidence of the causal relationship between the infringement and the damage consequences. On the one hand, we should consider the opinions of environmental protection administrative organs, appraisal institutions or relevant experts, on the other hand, we should also comprehensively compare and analyze the relevant materials of the whole case, and lawyers should make comprehensive judgments based on legal knowledge and practical experience;

2. once evidence preservation and fixed judgment constitute infringement, materials should be sealed to prevent deletion and alteration. When sealing material evidence, pay attention to the fact that one end and one end of the sealing bag should be sealed and the evidence should be properly kept;

3. With professional legal knowledge and experience in handling cases, lawyers involved in the mediation of infringement disputes can put forward well-founded questions and refute each other, which is more likely to promote the success of mediation;

4. Choosing a suitable cause of action in litigation is the key to winning the case. There are also different types of infringement disputes. Different causes of action involve different burden of proof, compensation scope and litigation strategies. Only when it constitutes an infringement dispute can the burden of proof be reversed, and it is required to bear the burden of proof that there is no causal relationship between the damage and consequences of infringement.

to sum up, proper and reasonable proof can achieve the litigation effect. Don't give evidence indiscriminately. Never provide evidence that is not beneficial to yourself, but beneficial to the other party. Examining the evidence of the other party belongs to cross-examination. Deeply and incisively refute the other party's evidence, and the other party's evidence will not be effective. At the stage of court debate, we should grasp the key points, establish our own views in a well-founded, well-organized and distinct way according to the facts, evidence and laws of the trial, and refute the other side's views.

Legal basis:

Article 41 of the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests

Consumers who are the object of claim may claim compensation from the seller if their legitimate rights and interests are damaged when purchasing or using goods. If the seller's compensation is the responsibility of the producer or other sellers who provide goods to the seller, the seller has the right to recover from the producer or other sellers.

if consumers or other victims cause personal or property damage due to commodity defects, they may demand compensation from the seller or the producer. If it is the producer's responsibility, the seller has the right to recover from the producer after compensation. If it is the responsibility of the seller, the producer shall have the right to recover from the seller after compensation.

when consumers receive services, if their legitimate rights and interests are damaged, they can claim compensation from the service providers.