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Involving fake Thomas train toys, how consumers defend their rights

On November 6, 2013, Zhang Yongbing ordered a Thomas train toy for his son on Jingdong Mall [Weibo], 'It is the same as the physical store packaging, it sells for 86 yuan online, and the physical store sells more than 200.'    Zhang Yongbing said , The plastic shell (11050, 10.00, 0.09%) of the received train is soft and thin, the workmanship is rough, and the packaging has no quality certification mark; the authentic Thomas plastic shell is thick and solid, not broken, and the packaging has quality certification.   He contacted JD.com 5 times and complained to the store. The store all stated that all shops on JD.com were merchants with formal legal procedures. There was no evidence to prove that the toy was a fake. The appeal was rejected.   In the meantime, he called the 12315 hotline, and the industry and commerce department said it would deal with it. But the results of the treatment are nowhere in sight. 'Thomas' is still sold on JD.com.   He tried to find a domestic authorized manufacturer through a search engine, but he could not find the manufacturer's information.   On the 37th day of the rights defense, Zhang Yongbing wanted to give up. At this time, he received a call.   The call was Mr. Qu, a case investigator of the Jiangsu Kunshan Industrial and Commercial Bureau. Qu said that more than 500 boxes of toys sold by the seller of 'Thomas' on JD.com (in Kunshan) had been temporarily detained. The toy was suspected of infringing on the trademark of Thomas, a well-known foreign brand.   Mr. Qu said that the registered trademark of Zhang Yongbing's online toy is 'ThomasBecause the manufacturer is in Shantou, Kunshan Administration for Industry and Commerce transferred the case to Shantou Industry and Commerce.   In a reply to the Beijing News reporter’s email, whether the “Thomas” sold by the store is fake, why the customer’s multiple complaints were rejected? JD.com declined to comment, saying that “in the future, it will strengthen supervision of platform sellers and standardize operating procedures”. Mr. Liu, the person in charge of the domestic agent of the Thomas brand toy trademark, said that there are many fake Thomas toys on the market, which are produced by informal manufacturers. , No one told Zhang Yongbing what specific results he would get when he defended his rights.

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