short story
The purchase price is not settled, "grab" why the finished product is not infringed
Cashmere sweaters have been purchasing cashmere yarn from a certain cashmere company since 2013, and more than 40,000 yuan have not been settled. Cashmere company on December 1, 2015 to the cashmere sweater shop failed to collect funds, from the cashmere sweater store to take 240 pieces of cashmere, and filed a lawsuit to the Hebei Shexian County Court for preservation. According to the request of the cashmere company, the Qixian County Court seized the above-mentioned cashmere sweater according to law. The cashmere sweater shop was sued to the Zhangjiagang court on March 24 this year, thinking that the cashmere company’s practices infringed its legal rights and demanded that the cashmere sweater be compensated for 72,000 yuan. During the hearing, the Juxian County Court first decided on the case of arrears from the cashmere sweater shop, and this judgment has already yielded results.
Zhangjiagang Court held that the case of Jiaoge Department's cashmere sweater shop owes money to cashmere companies. The cashmere sweater involved has been seized by other courts according to law. The seized goods are now pending for auction during the performance period and therefore do not constitute infringement. In accordance with the law, the court decided to dismiss the claims of the cashmere sweater shop.
According to the law, the constituent elements of a common infringement practice include the fact that the victim is actually harmed, and there is a causal relationship between illegal practices, illegal practices, and harmful consequences. However, if the relevant practice has been recognized as a legitimate practice by legal documents, there is no element of illegality of the practitioner, so the infringement is not established.
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