What should I do if my WeChat official account nickname is cancelled after being complained about?Counter-appeal after nickname infringement

Previously, the WeChat public account of "Reading Yue Digest" with 300 million fans was shown to be cancelled.

According to the source, the cancellation of the account was suspected of infringing on the legitimate rights and interests of others, and was complained by the "Reader" magazine - "Duyue Digest" was suspected of impersonating infringement.

Public avatars are images with the word "reader" in them, allegedly infringing trademark rights.

According to reports, because "Reader's Digest" appeared in many places, "Reader" magazine was originally called "Reader's Digest", and it changed its name in 1993 after being sued by "Reader's Digest" in the United States.

How to judge whether a WeChat official account is infringing?

Is it infringing?Infringement can be judged from the following aspects.

Prerequisite Judgment: Is It For Trademark?

• First of all, the avatar of "Reading Yue Digest" is an important symbol of its public account.
• It is highly recognized and can play a role in marking and distinguishing origins.
• It can basically be used consistently in all situations involving using the WeChat platform.

Also, while Read Digest provides a free service to the public, the use of a trademark is often not based on whether it is profitable or not, but has the effect of making a profit through advertising.

In this way, it can basically be judged that it is a prerequisite for satisfying "trademark use".

Infringement factor

Are the goods or services the same or similar?

• Both "Duyue Digest" and "Reader" provide users with abstract categories (based on which the goods or services are judged to be similar).

Whether the trademark and the defendant's logo are the same or similar?

• The word word mark is usually judged from "shape, sound, meaning".
• The graphic trademark is usually grasped from the "composition, coloring, appearance".

The logo used by Reader's Digest has the same "shape, sound, and meaning" as the logo used by Reader's Digest.

From a graphic trademark point of view, although the fonts are different, the composition, color and appearance are very similar ▼

(The left is the trademark of "Reading Digest", the right is the trademark of "Reader" magazine)

The "Reader" trademark is highly distinctive (in this case, as a well-known trademark, the scope of protection will be expanded), and the possibility of "Duyue Digest" infringement will be greater.

Will the use of the defendant's logo cause confusion?

Secondly, whether the use of the defendant's logo will cause confusion among consumers, that is, consider the "possibility of confusion":

• Because the defendant's logo is similar to the trademark and the two entities offer similar goods or services, it is easy for the average consumer to be confused about the origin of the goods or services.
• In addition, in fact, there are other public accounts that have written the account of "Reader's Digest" when recommending "Duyue Digest".
• From the above analysis, the behavior of "Reading Yue Digest" is very likely to infringe trademark rights.

According to reports, before the account was cancelled, it was complained by "Reader" magazine and was cleared of nicknames, avatars, function introductions, etc...

However, the operator of the official account was not aware of the infringement, but only changed the name, and the avatar and function introduction still used the original ones.

Also canceled, there is the public account "Li Xiang Commercial Internal Reference".

• According to the news, the main body of the cancelled official account is not Li Xiang himself, but a fake.
• The reason for the cancellation of these two official accounts is related to counterfeiting.

In addition, there are also a large number of public accounts that provide a large number of free umbrella exchanges and free umbrella collections in the name of Hangzhou Paradise Umbrella Group Co., Ltd., which are allegedly involved in fraud and have been cancelled.

What should I do if the nickname of the WeChat official account is cancelled for infringement?

Step 1: Log in to the WeChat Official Account

• Enter the account password and log in to the WeChat official account.

Step 2: Click the "Infringement Complaint" link in the lower left corner of the page.

After entering the WeChat public account management background, click the "infringement complaint" link in the lower left corner of the page▼

On the infringement complaint page, there will be three menu options ▼

1. I want to complain
2. I want to appeal
3. Commit record

1) I want to file a complaint: This is where you submit a complaint.

• Complaints will issue some legal notices, and some supporting materials to be provided for complaints.

2) I want to appeal:

• I can file a complaint with someone else and list the materials I need to appeal.
• In other words, if you are complained by someone else, you can apply for a counterclaim ▼

3) Submission record:

• This is a list of your complaint, complained and appeal history, and you can check your progress.

Chen Weiliang had such an experience:

• I had a WeChat public account before and could not log in again because of a password problem.
• If the WeChat public account is cancelled, it will be cancelled, and it will be a big deal to start over.
• have operated beforePublic account promotionexperience, for inexperiencedWechat marketingFor beginners, you are way taller than them.

Because WeChat is a closed internet platform, Chen Weiliang advises people not to rely on it too much.

Before worrying about being deactivated, you can prepare other alternatives, such as using an email subscription or building a website using WordPress.

From now on, you no longer need to worry about your WeChat official account being deregistered due to copyright infringement, and you won't have to search everywhere for a better online marketing solution.

Extended reading:

🔗How to file a complaint about WeChat public account nickname infringement? How to file a complaint about public account article infringement

🔗Are WeChat complaints useful? How can I check the results of WeChat complaints about infringement?

🔗What to do if a WeChat official account infringes your rights? How to resolve the consequences of a complaint against an official account