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示意情形 / Hypothetical

Hypothetical: Brand licence expired — factory still ships labelled goods to third channels

trademark-ip

Illustrative desk scene for OEM brand licences and tooling records

This is a fictional hypothetical scenario. It does not represent an actual client, a matter handled by the firm or a result.

Hypothetical · post-expiry OEM shipments and customs/platform risk

01

Scenario & challenge

Story setup: A European apparel brand licensed a South China factory for private-label production. After expiry, the brand finds the factory still shipping marked goods to a Middle East distributor. The factory says there was an oral “sell-down” and that hangtag moulds remain on site. The brand holds China registrations, but the licence is thin on post-expiry destruction, mould return, and third-channel sales. Customs and marketplaces may get pulled in. In a few days the brand must choose: cease letter, customs IP recordal support, or stock buyback talks — without torching other live POs.

02

Possible approach

Illustrative moves: (1) lock licence dates, renewal traffic, and whether any “sell-down” is in writing; (2) preserve shipping docs, hangtag/pack photos, and third-channel links; (3) bilingual letter: stop use, return moulds/plates, inventory count and disposition deadline; (4) weigh customs IP recordal and marketplace complaint packs in parallel; (5) separate contract-breach and trademark-infringement evidence maps. No promised seizure or takedown.

03

Limits & uncertainties

Stops at cease letters and a framework for stock/mould disposition; no seizure, no takedown confirmed, no damages sum.

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China counsel for overseas clients

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