澳大利亚墨尔本法院审结一起 TikTok 直播商标侵权案件,华人主播仅负责直播间引流,不囤货、不发货,粉丝私信后导流至私域售卖仿冒 LV、Gucci 箱包,法院认定主播构成帮助商标侵权,单独赔偿品牌方 3.2 万澳元。
法官明确裁判标准:主播依靠他人注册商标吸引粉丝、赚取引流佣金,属于商标侵权共同行为人,不能以未接触货源、未发货为由免责。TikTok 澳洲站点同步出台新规,禁止直播引导粉丝跳转私域成交,违规账号直接封禁。
A Melbourne court in Australia has adjudicated a trademark infringement case involving a TikTok livestream. The Chinese streamer, who only directed viewers to their livestream without stocking or shipping goods, was found guilty of contributory trademark infringement. The streamer was ordered to pay the brands AU$32,000 in damages. The judge clarified the ruling: streamers who rely on others' registered trademarks to attract viewers and earn commissions are considered joint perpetrators of trademark infringement and cannot be exempted from liability by claiming they did not have access to the goods or ship them. TikTok Australia has simultaneously introduced new rules prohibiting livestreams from directing viewers to private sales channels; accounts violating this rule will be permanently banned.