Even without even having the effort to sip tea, Feng Jianxiong's slow voice rang again: "Next, I will cross-examine the second part - that is, what your company calls "the advertising evidence that proves the first good faith use" - may I ask the defendant, can your company provide the advertising fee certificates for the trademark involved in the case over the years?"

Zhao Yucheng looked at Deng Changchun and Li Yifeng and majesticly said: "Please answer this question directly."

"We have photos, related third-party reports, and advertising fee invoices..." Li Yifeng rushed to answer.

Feng Jianxiong asked without hesitation: "You don't need to look at the first two items - I didn't see the third item, there is no advertising fee invoice."

"Why aren't there? Isn't this all?" Li Yifeng looked like "You are talking lies with your eyes open?" and waved with a few copies.

Feng Jianxiong mercilessly exposed: "I have seen these, they are invoices for conference fees, not advertising fees!"

Li Yifeng was slightly dull, and then his expression became relaxed: "Mr. Feng, it seems that you don't know anything about your career. Invoices for conference fees are financially a type of advertising fees, which are all for commercial publicity. Even when the tax bureau deducts costs, the exhibition and conference fees are counted in the advertising fees."

Feng Jianxiong smiled at this statement. Then he turned to Zhao Yucheng and said:

"Please note that the defendant has changed his concept on this issue. Indeed, at the financial audit level, the expenses of participating in the exhibition can often be considered as expenditures in the category of "advertising and marketing expenses". Because the purpose and effect of participating in the exhibition are indeed to promote the company and expand its popularity. At the tax law level, these costs can also be included in the advertising expense deduction.

However, the concept of advertising fees at the Advertising Law and the level is obviously not in the same category as the "advertising fees invested in to promote the good faith use of brands" as described in the "Regulations on the Implementation of the Trademark Law". Although some of the exhibition and exhibition attendance records displayed by the other party reflect the graphics of the trademark involved in the background display, it does not prove that the main purpose or purpose of the defendant's participation in the meeting is to promote the trademark involved in the case.

At the exhibition, potential customers are more face-to-face business negotiations and delaying transactions. Or taking exhibitors' promotional materials, such as salesperson business cards, and leaving them to contact them when there is a need in the future. This promotional model is not so much about promoting the brand, but rather promoting the company or simply attracting business.

In order to prove our point of view, we should also note that in the evidence provided by the defendant, only the photos of the booth layout on the on-site show the printing of the trademark involved. However, there is no business card of the sales staff of the defendant company, and the relevant trademark is reflected in the brochure of the exhibition. Therefore, we believe that this can presumably presumed that the defendant has no intention to promote the trademark involved.

To prove the other party's "good faith publicity over the years", I think at least the following materials should be provided: First, other types of advertising expense invoices other than participating in the exhibition. For example, TV, newspapers, magazines, online advertisements that promote trademark brands involved in the case, and other forms of promotion without corporate or sales personnel contact information, only providing all the evidence for publicity for trademarks involved."

Feng Jianxiong spoke very slowly and patiently.

After all, he relied on verbal analysis to shake the effectiveness and characterization of the marketing fee invoices, exhibition photos and other evidence provided by the defendant. He could not provide him with conclusive counter-proof.

After hearing this, Zhao Yucheng also felt that it was quite reasonable. However, the judges were not willing to make arbitrary decisions about this kind of analysis and inference, leaving a handle. So after weighing the pros and consent for a moment, Zhao Yucheng decisively announced a temporary recession and discussed in the collegial panel.

Back in the conference room, Zhao Yucheng asked the other two jurors (assistant judge's title): "Xiao Chen, Xiao Xu, what do you think? Should the opinions stated by the plaintiff's agent be accepted?"

The collegial panel discussion is an important measure for the presiding judge to avoid risks when he is unable to make accurate judgments of facts or the application of the law. It is to form a collective opinion. If the decision is wrong in the future, there will be less personal responsibility.

During the discussion of the collegial panel, everyone has one vote, and the number of members of the collegial panel is odd, so there is no problem that the presiding judge can be arbitrary.

Taking this case as an example, as long as the two assistant judges of the three-person collegial panel hold the opinions of one of them, even if the presiding judge has a higher professional title, it will not be able to turn the tables. However, even if there are different opinions, the clerk must keep them truthfully in the collegial panel records. If the case is reversed in the future, you can know who insists on his own opinion.

Of course, during the actual trial, if some courts in remote areas have relatively poor sources of judges, such as when they encounter problems in order to arrange employment for large and crude veterans, they are sent to the court. Such veterans have a relatively high title and a more righteous style, and do not understand the law. Then, when the collegial panel, they often make a statement first, and when the people below listen to the leaders' opinions, they will most likely review them.

Fortunately, the investment environment in the southeast coastal provinces is relatively clear, and it is rare for veterans to force them to be judges.

Zhao Yucheng is also a judge who has taken the major exams and pays great attention to his image. Therefore, every time he becomes the presiding judge, he asks the jurors to speak first.

So Xiao Chen took the lead in speaking: "I think the plaintiff's agent's opinion is reasonable: Generally, companies attend exhibitions to sell goods in order to contact new customer channels. Everyone they meet must leave contact information and sell in person.

There are only advertisements on TV media, and there are few sales contact information, purely for promoting the brand. If the defendant can't find any evidence of other forms of brand advertising investment in the case besides the exhibition, it should be presumed that they have at least not deliberately promoted the brand itself."

Zhao Yucheng did not make a statement immediately, but looked at the other side. Xiao Xu's business level was worse and his qualifications were less experienced. He immediately responded nervously: "I...I also support Chen Shen's opinion. In that case, even if the defendant promotes the brand involved in the case, it will be inadvertently promoted, and the proof should be insufficient..."

"Okay, Xiao Liu, record all the opinions - I also advise, just like theirs, please modify the wording."

"Okay Zhao Shen." The clerk girl quickly agreed. Then she modified a view of Zhao Yucheng with different words but similar opinions.

The clerk is used to doing this kind of thing. Many times the leader is unwilling to say too much, but the collegial panel records do not seem to be the leader always follow the script and discuss with others. Then add a few harmless supplementary opinions.

...

The court will resume 15 minutes later.

Zhao Yucheng cleared his throat: "After discussion on the collegial panel, it was decided to adopt the plaintiff's agent's opinion on the issue just now - asking the defendant to provide additional evidence. Of course, because it is the supplementary evidence required after cross-examination, this court can apply for the right to postpone the trial to collect additional evidence."

Generally speaking, after the expiration of the evidence period, new evidence is not allowed to be submitted, and the court will not allow a postponement of the trial in order to give one party time to collect evidence. During the cross-examination process, if one party’s evidence is overturned, then the adverse consequences will be directly suffered.

However, if the presiding judge believes that the facts of the current situation are unclear and feels that it is necessary to collect it again, he can also proactively postpone it according to his authority. In this case, Feng Jianxiong's rebuttal just shook the proof of the defendant's "brand promotion advertising expenditure" and made it doubtful, rather than completely overturning it like a mountain. Therefore, Zhao Yu became a perseverance and allowed Li Yifeng and Deng Changchun to postpone it again. If they still cannot collect it at that time, they will be sentenced to lose, and they will be convinced and reduce the appeal rate.

"We apply for postponement of the trial!" Li Yifeng said nervously.

"I object!" Feng Jianxiong raised his objection aggressively, and then turned to Zhao Yucheng, "Dear Presiding Judge, the deadline for providing evidence has ended! If they had one, why didn't they take it out earlier? The evidence such as invoices are all placed in the financial department of the defendant company, and there is no difficulty in collecting it at all. This does not conform to the situation of "unable to collect on schedule due to objective difficulties"?"

Zhao Yucheng lowered the appeal rate for his own performance and could only try his best to seek stability. He also knew that Feng Jianxiong had some reason, and did not scold him, but said in a negotiating tone:

"The objection is invalid. It is possible that the other party just felt that there was no need to submit more evidence at the beginning - but this court is fair. During the extended trial period, the plaintiff also has the same right to add new evidence and does not have to go through the evidence exchange process."

Feng Jianxiong stared at the judge for a while, thinking that he had learned that the other party was timid and afraid, so he was not doing anything.

The case has not been sentenced yet, and it is not beneficial to have a quarrel with the judge.

Seeing this, Zhao Yucheng quickly announced: "Then it will be postponed to a week before the court will be held, and the court will be withdrawn!"

...

"Brother Xiong, do you think Li Yifeng and Deng Changchun can come up with new advertising fee invoices, and can clearly prove that they are used to promote the trademarks involved in the case of "Seafood Godmother"?"

As soon as he left the court, Snicker asked with a little concern. Fortunately, he had been in court for more than half a year, and Snicker also knew that the case of serious games between the two sides was unlikely to be settled in one day, so he was a little prepared.

Feng Jianxiong said calmly: "Of course I can't take it out! If I could take them out, I would have to wait until next week! Li Yifeng is delaying time and muddying the water. I guess in a week, he will find some new surrounding evidence in other aspects.

Judge Zhao may not be unable to see this, but Judge Zhao is still thinking about being more secure and selling Li Yifeng a favor, so that he can convince him after losing and stop appealing. I took a step back this time to give Judge Zhao face. Unfortunately, this guy is just a judge in the district court and probably has no value in use in the future."

Snicker nodded and asked for instructions: "Then do we have to do other preparations? Or just wait for a week and then the next court will be finalized?"

Feng Jianxiong thought for a while and gave a tip: "We have done everything we should do, but we are idle. On the basis of not increasing the cost, add some materials to him - you can collect the e-commerce sales records of Deng Changchun and his company in the past three years and the relevant information about being counterfeited. You can do it yourself. Anyone who may be used as a circumstance evidence and indirectly prove that the other party's brand is low can be found at will."

Snicker wrote down one by one, and there was still some doubts, so he asked without shame: "Okay... are these things useful? They look very broken. Why don't we collect them for the first time?"

Feng Jianxiong had to explain patiently: "It may not be useful, so I asked you to collect the evidence when you have the opportunity to supplement the evidence. The evidence submitted before the first trial, that is, before the expiration of the evidence period, must be included in the list of evidence and exchanged evidence. Therefore, the evidence with low correlation should of course be refined as much as possible.

However, in the supplementary evidence stage, Judge Zhao has already granted the newly collected evidence that there is no need to exchange evidence again. He can add whatever he wants to add. Only after obtaining the judge's approval of this procedure can we try our luck with "judging or not".

But don't worry, when this case has reached this point, the other party's two major chains of evidence have been overturned by us, and the lawsuit is a sure win. I did this just to let you practice your skills, because you probably haven't encountered this situation in your usual lawsuit."

Snicker wrote down one by one, but he felt even more ashamed in his heart, feeling ashamed of his ignorance.

As the two were chatting, they had been standing at the entrance of the court for seven or eight minutes. They were also unlucky. It was because they were not lucky. It was difficult to take a taxi during rush hours in the court.

Finally, Snicker wrote down Feng Jianxiong's instructions just now, and finally saw a taxi with empty car lights passing by. She quickly waved her hand and jumped up to greet him.

There were actually a few people waiting next to them, but the driver probably saw that the girl who was blocking the car was very beautiful, so he slipped and stopped in front of them.

"Where are you going, Miss?" As soon as the two of them sat firmly, the driver asked Snicker attentively. Although they were a little rude, they could not say that they were wrong. After all, Snicker did the action of stopping the car.

“Cuiyuan Community…”

Snicker just said a few words, but was interrupted by Feng Jianxiong: "Don't go to the street of 4s store in the north of Chengbei."

The driver looked at the rearview mirror in the middle, as if waiting for the customer to make a comeback.

Snicker quickly changed his words: "Just go there."

The driver glanced at him and thought to himself that he looked at the other party's outfit, as if he had just finished a lawsuit in the court. Could it be that he was a lawyer who had left the dog luck and won a big lawsuit. The lawyer's fee was enough to buy a car, and then he showed off in front of the female assistant?

But it wasn't his business, so he rushed out with a kick in the accelerator.

Sniker sat in the car and asked curiously: "Why do you suddenly want to buy a car again?"

Feng Jianxiong closed his eyes and rested as soon as he got into the car. He replied without any swelling and ignorantly: "Actually, I should have bought it long ago. Isn't this going back to school early during the summer vacation? Isn't it time? I have been using Sister Pao in Jinling for the past few months, and Sister Tianyin's from Sister Tiantang for the past few months. I bought a new car, and in a few days when you go to Ali to ask someone to retrieve evidence, you will drive the new car over so that others will not look down on our strength. In the future, there will be more big customers, so you should pay attention to these aspects."
Chapter completed!