Blockbuster release | Three typical cases of trademark infringement protection of CANTOOP

2022-06-27

Trademark Infringement

It refers to the use of a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant. Article 57 of the Trademark Law stipulates that any of the following acts shall be deemed to be an infringement of the exclusive right to use a registered trademark:

(7) Causing other damage to the exclusive right to use a registered trademark of another person.

Taobao store "Japan purchasing agent" counterfeiting a beauty device brand case (criminal case).

The brand involved in the case

The brand is a series of beauty devices owned by a Japanese company, and the cumulative number of shipments exceeded 10 million as of the end of July 2018. After 9 years and 6 months, the brand has launched more than 50 products with beauty instruments and skin care products, which have been loved by many customers.

Preliminary investigation

In April 2019, the Japanese company entrusted our company to confirm the authenticity of the purchase samples of Taobao stores "XX Japan Purchasing Agency" and "Rong XX Japan Purchasing Agency", which were all fake. The delivery place of the two stores is the same, and the sales amount is more than 1.4 million yuan, so in May, our company set up a project to conduct an in-depth investigation of the target. The investigation found that the target online store was in Dongguan, the production factory was in Shenzhen, the warehouse was in Huizhou, and the suspect was remotely commanded in Hunan.

Law enforcement history

In May 2019, our company reported the results of the investigation to the Xuzhou police in Jiangsu, and after the police filed the case according to the facts of the case, in June of that year, the Xuzhou police coordinated law enforcement officers from Dongguan, Shenzhen, Yiyang, and Huizhou to go to the target location to inspect the places where Huang, Liu, Ou, Su and others were located, and arrested the relevant suspects.

Penalty Results

A large number of infringing products were seized at the scene, the counterfeit goods involved in the case were seized, and a number of suspects were criminally detained, and the relevant infringers were sentenced to fixed-term imprisonment ranging from 3 to 1 year in accordance with the law, and a total fine of about 1.5 million yuan was awarded. The police dismantled the entire chain of online store sales targets, transportation, warehousing, and production of counterfeit products.

This case is one of the very successful cases of the Xuzhou police cracking down on intellectual property infringement (infringement of the industrial chain).

Case of Tang, Li, and Wu selling counterfeit products with the registered trademark of an electrical enterprise

The brand involved in the case

As an energy efficiency management and automation transformation specialist, the electrical company operates in more than 100 countries around the world in the areas of energy management (including medium-voltage, low-voltage and critical power supplies) and automation systems.

Preliminary investigation

In December 2018, the electrical company found that Tang, Li, and Wu were selling counterfeit electrical products through two Taobao online stores, and authorized our company to investigate. After investigation, it was found that the computer used by the Taobao online store showed that the IP address was in Huizhou City, Guangdong Province, and the suspect was remotely commanded in Chaozhou, Guangdong, and the place of delivery was Liushi Town, Yueqing, Wenzhou, Zhejiang.

Law enforcement history

Our company coordinated the economic investigation of the Changning Branch of the Shanghai Municipal Public Security Bureau, the network security and police stations, and the law enforcement in Huizhou, Chaozhou, Guangdong, and Wenzhou, Zhejiang, respectively, and cracked down on the Li and Tang gangs, and arrested the three main suspects in the gang.

Penalty Results

After law enforcement, it was finally determined that the total amount involved was more than 450 yuan. The case verified the production, sales, and transportation of counterfeit products one by one, and completely eradicated a chain of production and sale of counterfeit products. The three infringers in this case were sentenced to fixed-term imprisonment ranging from 5 to 2 and a half years, and fined a total of about 2 million yuan.

This case is one of the top 10 outstanding criminal cases in QBPC in 2020.

1688 store "XX Garment Factory" a children's clothing brand trademark infringement case

The brand involved in the case

The brand is a children's clothing brand created by a group in China, and its products comprehensively cover the clothing, shoes, home furnishing, travel and other categories of children aged 0-14, and it is a domestic children's fashion lifestyle brand.

Preliminary investigation

At the beginning of 2021, our investigators found on the 1688 platform that an online store named "XX Garment Factory" was suspected of selling products with counterfeit registered trademarks of a children's clothing brand, and then purchased a sample clothing in the online store, which was identified as a fake by the right holder, and then authorized our company to investigate and crack down.

Law enforcement history

In January 2021, our company conducted a field investigation on the target, and after nearly a month of investigation, we mastered the target's activity trajectory, home, processing den, storage point, and transportation point. In March 2021, the public security in Jiaxing, Zhejiang Province cracked down on this case, seizing 250,000 pieces of finished clothing, semi-finished products, trademarks, packaging bags, tags, collar labels, logos, etc., and the amount involved was more than 1,000 yuan.

Penalty Results

The counterfeits involved in the case were all seized, and 13 people were taken criminal measures by the Nanhu District Branch of the Jiaxing Municipal Public Security Bureau in accordance with the law.

The case was rated as one of the top ten outstanding intellectual property infringement cases in Zhejiang Province by the Zhejiang Provincial Public Security Department.