In 2013, rabbit (a pseudonym) who graduated from university chose to start a business. Because she claimed to like “buying”, and she knew some friends in the shoemaking industry, she decided to go south to Guangzhou to become a Taobao shopkeeper who imitated shoes, commonly known as “Shanzhu” and “Shanzhu”, which means the owner of a fake shop.
The business was not booming at first, and the rabbit also went through a sad journey. However, with the popularity of Zhang Dayi and other online celebrity shopkeepers, rabbit devoted himself to research and summarized their experience – sharing life, wearing and beauty makeup through social platforms, gathering popularity, and taking the opportunity to release product information to guide Taobao stores.
What she chose to share with her fans were the shoe making process, life anecdotes, buyer feedback and cute pictures. Just as Zhang Dayi’s fans spontaneously formed the nickname of “e Cup” and Zhang Dayi became “great aunt”, rabbit and fans also have this nickname similar to “little secret between girls”.
But she never showed her face in the microblog and used models and online celebrities to do the work. She replied to her fans that “the store will be closed and she will be very dangerous” after being reported. Because its microblog content is real and interesting, and its voice is similar to that of Mu Yalian, a popular online player. Rabbit has accumulated nearly 100000 fans, and has also established a number of QQ groups and microblog groups. The small store has also become popular.
On july31,2016, Lin Xinru got married in Bali, attracting numerous topics. Under the catalysis of fashion and love, the pair of wedding shoes worth 16500 yuan under Lin Xinru’s feet, Roger Vivier (hereinafter referred to as RV) flower drill button high heels, became popular in the world of “small public officials”.
RV, an old luxury brand in France, and its customers include political and business celebrities including the British queen. Together with Christian Louboutin, Manolo Blahnik and Jimmy Choo, RV is known as the world’s top four women’s shoe giants.
This is a popular item in the eyes of many people.
One month after Linxinru’s wedding, rabbit rushed to Hong Kong to purchase the original shoes, and specially took a try on video in the shiny counter. There are nearly 600 interactions on this microblog, and fans praise it. Some of them “want to be a flat heel version”, some “want to wear it to get married”, and some even say that “after wearing it, anyone who marries looks like Huo Jianhua”.
Later, rabbit “sorry” informed everyone on his microblog that the Rhinestones of the shoes needed to be customized from Swarovski manufacturers. They were expensive and took a long time. Fans who really wanted to buy and could wait could take a deposit to facilitate the statistics of the order quantity and size. At that time, about 500 people paid the purchase deposit, and 95% of the customers made up the balance later.
In the following half a year, the rabbit used short videos to show Swarovski Rhinestones purchased from abroad, shoe samples similar to the original version, and shoe buckles made from open molds. And repeatedly hinted to fans that the diamond buckle must use high-end Rhinestones customized abroad, otherwise there will be color difference. She has always advocated transparent process, but did not mention what materials were used in the appearance and inside of the shoes.
In addition to the video, the photos of the original shoes being taken apart for proofing, the overall picture taken by the model after completion, the picture taken by the professional photographer before delivery, and the picture of the netizens trying on are also “not few”.
These microblogs always remind those who pay attention to her: a hard-working “mangosteen” is making a cost-effective Linxinru Tongxiang. And no one noticed that the brand and design owner of the shoes was Roger Vivier.
Before the launch, rabbit will send a wave of intensive microblogs, first forward a wave of buyer shows, and then release several lottery messages. Emphasize again and again, forward the new microblog on her store, and @ three of her friends, you will have the opportunity to get a new pair. As a result, the news that her Taobao store was going to launch RV flower drill buckle shoes spread like wildfire, spreading exponentially on the microblog.
QQ groups and microblog groups, which were originally calm, quickly became popular. Group friends discussed shoe colors and sizes one after another. Many old customers also popularized knowledge for new friends and recommended some rabbit’s once beautiful shoes.
In march2017, after half a year of trial, this flower drill button high-heeled shoes first appeared in rabbit’s Taobao store.
Like many a-stores, rabbit stores only sell new products at a fixed time. The new time usually lasts only one to two days. Even if there is still inventory, it will still be removed from the shelves.
But usually, the spot is not enough. Especially for the same model of stars, many fans will squat in front of the computer on time, count down and start reading seconds, and keep pressing the refresh button until they buy their favorite shoes and sizes.
According to RV’s official wechat, this flower drill buckle high-heeled shoe belongs to Roger Vivier’s “flower drill buckle” series in autumn and winter 2016. When it was listed, the price was RMB 16500. Rabbit divides its shop’s A-goods into two versions: high-end and people-friendly. The prices are 671 yuan and 545 yuan respectively, with a 95% discount on the new day.
Half an hour after the sale, rabbit reminded everyone that the orders without payment had been put on the shelves again. And there are many plaintive people under this microblog, “ask for pre-sale again, and how long you are willing to wait”, “don’t buy a kind-hearted plug to ask for reservation”, “who bought it is not suitable to transfer it to me?”.
Rabbits will also be open for pre-sale in due time. The pre-sale time depends on the delivery time of the factory, ranging from more than 10 days to one month. This water drill is special, and it is scheduled to take about one and a half months. Before the end of the pre-sale, rabbit will constantly remind everyone on the microblog that “it is the last chance to sell out”, and finally pre sold more than 1000 pairs.
Due to the “hunger marketing” similar to rabbit’s home in Taobao store, in order to snatch a small number of spot goods, a virtual business – acting auction was accompanied. As the name suggests, log in to the user’s Taobao account through the user’s authorization, and use the snapshot software to place an order instead of the user. However, the user shall complete the payment within half an hour after the order is closed. According to the degree of difficulty, each order is 15 to 30 yuan. Taking the princess auction in Taobao store as an example, its monthly sales of 15 yuan auction options were 1686, its monthly sales of 20 yuan auction options were 906, and its monthly sales of 30 yuan auction options were 336.
According to Taobao store data, from 20:00 on March 6 to 24:00 on March 7, 2017, the cumulative monthly sales of rabbit’s “flower drill button” high heels reached 1497, excluding the 500 pairs previously pre sold. Based on a 95% discount of 577.6 yuan from the median price of the two models, excluding the pre-sale, the transaction flow of the shoes reached about 864700 yuan on Shangxin day. If 500 pairs of high-end versions were included in the pre-sale, the transaction flow of a single model would reach about 1178700 yuan.
The reporter of the Economic Observer recently bought the high-heeled shoes with drill buttons in the rabbit’s Taobao store. The goods are received on the same day of publication. After inspection, RV was imitated from wrapping paper, flannelette cover to shoe box. At the bottom of the shoe, the trademark and production place of Roger Vivier are also clearly exposed.
Han Chao, the director of the Shiku appraisal and Certification Center, who has been engaged in luxury appraisal for a long time, judged after seeing the relevant evidence provided by the reporter of the economic observer that the cost of this shoe was between 100 yuan and 200 yuan per pair according to the circulation price (wholesale price of finished products) in the counterfeit goods market.
According to the estimated maximum cost of 200 yuan and the average selling price of 577 yuan per pair of shoes, the gross profit margin of each pair of shoes is 65.38%.
After the Spring Festival, the rabbit family in Taobao store launched a new one, with a total of 4 models, 3 new products and 1 replenishment. According to the most conservative estimation, the monthly turnover of the store is about 3million yuan to 4million yuan, and the monthly gross profit is more than 1.8 million yuan.
“The prices of authentic products of top international first-class brands, including raw materials, process production, brand packaging, marketing and finally reaching consumers, are considerable. Especially in the Chinese market, all brands generally add tariffs to the retail prices of commercial products, resulting in high prices.” Han Chao said, “what the counterfeiters are talking about are genuine leather, silk and real crystal, including the so-called invoices and logistics documents. They are just a marketing means to gain the trust of users.”
According to Han Chao’s experience in cracking down on counterfeits for many years, counterfeit goods, especially luxury goods, have changed from the initial form similarity iteration to the reality of form, material and process. Some counterfeit enterprises do not hesitate to disassemble genuine parts, identity cards and other configurations to counterfeit goods, which brings great difficulties to consumers’ purchase and simple visual identification.
Rabbit’s Taobao store is not the strongest among its competitors. Quan Zhixian of studiolee, another Taobao store, sold more than 10000 pairs of the same model; Rabbit is not the most diligent among her competitors. She updates every half a month or even a month. However, the above Taobao stores update every week without accidents. According to the above estimation method, the monthly flow of the Taobao store is more than 100 million, and the monthly gross profit is more than 50million.
In terms of quantity, search on Taobao with the keyword “Linxinru’s same wedding shoes” and choose to merge the same shoes. According to the default sorting method given by Taobao, a total of 28 pages are displayed, with a total of 1199 goods, all using RV pictures and the appearance of the same model. The top three stores are baodi0401, lakiki studio angel wing and luxury beauty flagship store (tmall).
And A-goods women’s shoes are just the tip of the iceberg of Taobao “Shanzhai”. There are similar situations in luggage, jewelry, clothing and other categories. “The best-selling models of each well-known brand have copycats. The more popular they are, the more serious they become.” Han Chao told the economic observer.
In real life, with the emergence of new forms of social e-commerce, the means of making and selling counterfeit goods have also been upgraded, and the process has become more secret. For example, when high imitation or full imitation of big brand products, their own brands are posted, which are called “customization” and “improvement”. During marketing, the links are cancelled one day, and there is no commodity display in the store at ordinary times, so as to avoid inspection. “There are two infringements involved: if the trademark of the brand is used, the trademark right is infringed; if the trademark is not used, or other trademarks are used, but the original design has a design patent right, the patent right is infringed at this time; if both the design and the trademark are used, the trademark right and the patent right are infringed. The obligee can conduct civil proceedings at any time. If a crime is constituted, the procuratorial organ can Criminal proceedings under the trademark law. ” Han lawyer from Beijing gaowo law firm said.
According to the criminal liability in the third paragraph of Article 67 of the Trademark Law of the people’s Republic of China, if a person uses the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant, which constitutes a crime, he shall be investigated for criminal responsibility according to law in addition to compensating the losses of the infringed. Where a person forges or manufactures without authorization the registered trademark of another person or sells the registered trademark of a forgery or unauthorized manufacture, which constitutes a crime, he shall be investigated for criminal responsibility according to law in addition to paying compensation for the losses of the infringed. If a person knowingly sells a commodity with a counterfeit registered trademark, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law, in addition to paying compensation for the losses of the infringed.
However, it still faces difficulties in the process of proof and law enforcement. “After the use of some new technologies and new means of communication, laws and regulations have not been followed up and adjusted in time. In addition, it is difficult to obtain comprehensive evidence of trademarks and designs, which has hindered the investigation of some cases and made some people feel lucky.” Niezhenning, a member of the National Committee of the Chinese people’s Political Consultative Conference (CPPCC), who has made suggestions on Internet copyright for many times, pointed out the difficulties in the investigation of the case of selling “Shanzhai” brands online.
Niezhenning also suggested that relevant laws and regulations should be updated in time to solve the “fluke mentality” caused by the low cost and rich harvest of counterfeiting. Earlier, Lei Jun, a deputy to the National People’s Congress, also said at the plenary session of the Guangdong delegation: “those who make and sell fake goods with a case value of less than 50000 yuan will not be held accountable, and those with a case value of more than 50000 yuan will be sentenced to seven years at most. This is the law of more than 20 years ago and the judicial interpretation of more than 10 years ago, which is seriously divorced from today’s actual situation.”.
During the two sessions, huangjianping, a deputy to the National People’s Congress and chairman of Guangdong Weimei Ceramics Co., Ltd., called out: “there are too many fakes and imitations in Taobao online stores, and there has been a phenomenon that bad money drives out good money, which is a great harm to the real economy”, which once again triggered a debate. Jack Ma, chairman of the board of directors of Alibaba group, then responded: “I hope to crack down on fake goods as we do on drunk driving.”.
The focus of the debate is whether e-commerce platforms should be jointly and severally liable. However, in fact, after the implementation of the tort liability law of the people’s Republic of China in 2010, as long as the “notice deletion” system is implemented in a timely and effective manner, the responsibilities and obligations of the platform party have been greatly relieved.
In fact, in recent years, the issue of fake goods has become the ghost of Alibaba’s development. Every March 15 or the “double 11” period, it always receives the attention of public opinion and capital. In particular, the business model and ecology of Taobao market in the hardest hit areas have made fake goods “burning in the wild, and the spring breeze is blowing again”, and the question about the “selective crackdown on fake goods” on Taobao platform has never stopped.
In january2015, robins Geller law firm of the United States filed a class action against Alibaba on the grounds that it did not disclose enough information about the risks that counterfeit and pirated products might bring to the platform before listing. In 2016, Alibaba was suspended from membership of the international anti counterfeiting Alliance (IACC).
In the face of various doubts, Alibaba has also accelerated the pace of cracking down on counterfeits. In december2015, Alibaba established the platform governance department to clarify the importance of cracking down on counterfeits from the organizational framework. In recent years, the tripartite model of “police + platform + obligee” has also achieved some results.
On january16,2017, Alibaba led 20 brands and 12 provincial and municipal public security, industry and Commerce and other administrative law enforcement departments to establish the “big data anti counterfeiting alliance”. However, the anti counterfeiting alliance adopts the “targeted invitation system”. Most of the first 20 brands to join the alliance have opened official flagship stores on tmall and other platforms, while other brands have not been invited for the time being.
Han Chao, director of Siku authentication and Certification Center, believes that China’s economy is in a transition period, and there are indeed some low – and middle-income groups who also want to have the appearance of high-end goods. However, due to personal economic or other pressures, they are unable to buy authentic products for the time being. With this demand, the source of counterfeiting will not be cut off, but it also provides breeding soil for domestic independent design brands. The platform side with a strong position should assume the responsibility of guiding the industry to develop in the direction of respecting intellectual property rights.
In march2016, the old rabbit store, which had been operating for three years, was closed by Taobao. However, it was not because of the application of the right party for proof, nor because of the spontaneous attack of Taobao, but because it was reported by peers.
“In fact, I’m afraid that after several years of hard work, my husband and I have made a store so empty… I still have so many goods to sell, and I’m afraid that I can’t sell them because of this and go bankrupt…” under the pressure of the Jianghu and inventory of Taobao peers, rabbit said on her long microblog after the Taobao store was closed.
But the rabbit finally said, I will open a new shop again.