Cover News Reporter Shi Wei

Recently, Fat Donglai officially sued the Internet celebrity "Two Small Sections" for a claim of one million yuan, which aroused public opinion. The incident continued to ferment on the Internet during the Spring Festival, and was regarded by netizens as a typical case of the contest between operators and anti-counterfeiters.

與此同時，廣東一家服裝品牌“霞湖世家”表示，他們遇到了與胖東來相似的遭遇，也正式起訴了一位“打假網紅”，索賠350萬元。“該網紅自己也經營服裝生意，在直播間採取誤導式測評，說我們的產品不合格、有毒。大量網友衝進我們直播間、社交帳號辱駡，我們單月銷售額下滑400多萬。”

The reporter noticed that because of the incident, the two sides have formed a number of automatic search keywords on social platforms.

In this regard, Mr. Zhang, an Internet celebrity who was sued, said that he pointed out the problems of the Xiahu family as a consumer, and the behavior of fans had nothing to do with him, "I was also abused by cyberbullying." I actively respond to the lawsuits, and I will sue them at the same time. ”

Plaintiff:

同行誤導消費者致生意下滑，起訴索賠350萬元

Mr. Zhou, the person in charge of Xiahu, introduced that in the early years, they had operated the tail goods business of well-known brands withdrawing from the cabinet, and after 2022 years, they no longer did tail goods and specialized in self-produced clothing. The so-called tail goods clothing refers to the clothing produced by the original brand or manufacturer, due to order cancellation, overproduction, or poor sales and broken code products, cut off the sign and resell it to other operators for sale at a low price. "This is a serious business that is in line with national regulations. At that time, we mainly took over the tail goods of a well-known men's clothing brand in China, which had formal purchase contracts, invoices, and supporting certificates. ”

Regulations on the management of the tail goods market (photo courtesy of Mr. Zhang)

Mr. Zhou said that the account of "Zhang Dacang-Yuanfang Garment Industry" was linked to multiple accounts at the same time, and two clothing stores were registered behind it, and the actual controller of the account, Zhang, published content as a counterfeiter and brought goods at the same time.

"He mainly accused us of two problems. The first is to mislead the evaluation of the down jacket of our sub-brand George Tommy, so that consumers think that the product does not meet the national standards. On the other hand, it distorts the concept of tail goods, describing our products as fake and used goods of unknown origin and poison, so that consumers think that our products are garbage clothes collected from garbage dumps. ”

周先生介紹，那款羽絨服是符合國標的5級拒水性羽絨服，按照國標要求，拒水性測試應該在20攝氏度的水溫下進行，而張某的直播測評中卻故意將羽絨服放在熱氣騰騰的水中揉搓。“就跟打假胖東來內褲的網紅一樣，故意用滾燙的水誤導觀眾。”

According to Mr. Zhou, according to the law, they are not authorized to directly sell the original brand of clothing, and they need to cut off the tag and re-sell it to avoid infringement. "However, in some garments, the original brand printed and sewed its own logo on the inside and back of the waist, and we couldn't completely deal with it. He maliciously speculated in the live broadcast room, saying that we either had unknown products from unknown sources, or we were making and selling fakes. ”

Mr. Zhou provided screen recording and screenshot information, saying that the brand's flagship store and live broadcast room were abused by a large number of netizens, some anchors were scolded to cry, and some consumers took orders from two years ago and asked for refunds, "We haven't done the tail goods business after 2022 years, and we don't have so many test reports from two years ago, but customers are welcome to wear clothes that have been worn for two years and then take them for re-testing." ”

Information received by the customer service of Xiahu Family (photo provided by the interviewee)

Information received by the customer service of Xiahu Family (photo provided by the interviewee)

周先生稱，上述帳號多次以“虛假宣傳”“制假售假”“尾貨世家”，以及“那個賣尾貨的要去坐牢”“假衣服穿在身上會降低你的免疫力”“我已經找到霞湖世家制假窩點”“踐踏我們消費者尊嚴”等言論，引導網友惡評、退貨，僅當年8月份導致銷售額下滑400多萬元。“我們起訴了他，索賠350萬元，法院已經立案。另外，向他所在的襄陽市場監管局投訴，也已經立案。”

Notice of filing a case by the Municipal Supervision Bureau of Fancheng District, Xiangyang City (photo provided by the interviewee)

Fight against fake Internet celebrities:

It is to point out the problem as a consumer, and will actively respond to the lawsuit and prepare a counterclaim

4月14日，“張大炮-元芳服裝實業”實控人張先生接受採訪時表示，自己是以消費者身份指出霞湖世家的問題，對方卻以投訴、起訴、引導網友網暴的方式對待他，“我會積極應訴，也在準備起訴它。”

Mr. Zhang said that when the anchor of the Xiahu family promoted the down jacket, it was false propaganda to claim that it would not lump after two hours of machine washing, and he found that the down in the clothes was lumpy after evaluation. "They said that I deliberately used boiling water and hot water for the test, but it was actually because it was winter and the warm water would steam. They recorded the screen, and you should be able to see that my hands are soaked in water, and it can't be boiling water. ”

Screenshot of the account of the Xiahu family (courtesy of Mr. Zhang)

Mr. Zhang said that the sale of tail goods clothing is indeed a serious business allowed by the state, but according to the relevant requirements of China's tail goods market management, it is necessary to mark the information of the product manufacturer and factory address, and Xiahu Shijia violated this regulation. "Some of its products bear the label of a well-known men's clothing brand, which is infringing. It also carries the label of Xiahu Family, marking the manufacturer and production address, which is the information of Zhongshan, Guangdong Province, which is false propaganda. When they advertised, they thought that the tail goods were not good, and deliberately said that they were big brands that had withdrawn from the cabinet. Consumers should be clearly informed that it is a tailing product. ”

Mr. Zhang said that he knew the difficulties of the physical enterprise, and it was not specifically aimed at anyone, but that it was the aggressiveness of the other party that made him publicly expose all the problems. "Many consumers have failed to get refunds, and their complaints to the Market Supervision Bureau have also been dismissed. Some people scolded them, but that was the personal behavior of netizens and had nothing to do with me. ”

In this regard, Mr. Zhou explained that a batch of tail goods into the hands of downstream dealers for sale, the quality of this batch of products, after-sales responsibility is the dealer, so the name and address of Zhongshan Xiahu Shijia Garment Co., Ltd. printed on the sign are in line with the requirements, but also in order to allow consumers to find the responsible person after encountering problems. "I can't sell the goods, except for the problem, let the consumer go to the original manufacturer."

Mr. Zhou said the online abuse had been going on for months and was awaiting a legal ruling.