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Crime of producing counterfeit registered trademarks

The 52-year-old Huang, who is guilty of producing counterfeit registered trademarks, runs a casual clothing Co., Ltd. in Mule Town, Guiping City.,Liu is his son-in-law,Responsible for managing the daily affairs of the company and organizing the production department for garment processing and production。Weng and his son-in-law were married without Nike、Adidas、With the permission of the registered trademark owner of Puma and other brands of sportswear,Production marked Nike、Adidas、Sportswear from Puma and other brands。

In June 2014,Huang、Liu hired a car to transport the produced sportswear to Guangdong,Was seized on the spot by the public security organs on the way,Counted,Among the sportswear seized were 10,716 sets of Nike brand sportswear.,Adidas sportswear 15828 sets,Puma sportswear 5328 sets,Peak brand sportswear 1728 sets,Total 33,600 sets。

The public security organs also seized 3,500 Nike sportswear tops from Huang's company.,4500 pieces of shorts,adidas sportswear tops 4000 pieces,4500 pieces of shorts,Puma sportswear tops 2200 pieces,2,500 pieces of shorts and 2,200 pieces of suspected Puma sportswear tops,2500 pieces of shorts,and 20,000 suspected counterfeit Adidas hangtags,5,000 suspected fake Puma hangtags,20,000 emblems of football teams around the world。

Identified,Impounded Nike、Adidas and Puma sportswear are products with counterfeit registered trademarks。Identified,The illegal business amount of the two was RMB 713,532.。After hearing, the court held that,Defendant Huang、Liu did not obtain the permission of the registered trademark owner.,Use the same trademark as its registered trademark on the same kind of goods,The circumstances are particularly serious,Their behavior constitutes the crime of counterfeiting registered trademarks。

in joint crime,Huang has decision-making power over the production of counterfeit brand sportswear,Liu is responsible for managing the daily affairs of the company,Organizing the production of counterfeit branded sportswear,Both played major roles in the crime,The principal culprit,According to the law, they should be punished according to all the crimes they participated in。Liu produced counterfeit brand sportswear based on Huang's decision and instructions.,Belongs to the main criminal with a minor role。

Because the two defendants counterfeited more than two registered trademarks,The illegal business amount reached more than 150,000,The circumstances are particularly serious,shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years according to law,In view of the fact that the two truthfully confessed their criminal facts,,Can be given a lighter punishment according to law,The defendant Huang was sentenced to three years and six months in prison.,and a fine of RMB 300,000.,Liu was sentenced to three years and two months in prison,and a fine of RMB 250,000.。

The crime of counterfeiting a registered trademark involves someone else’s registered trademark。

The so-called trademark refers to a natural person、Legal persons or other organizations produce、manufacture、processing、Used on the products selected or distributed or the services provided,by text、graphics、letter、number、sound、Three-dimensional logos and colors or combinations thereof,Ability to distinguish its goods or services from those of others,Visible signs with distinctive characteristics。

According to the provisions of trademark law,Trademark owners can allow others to use their registered trademarks on their goods。without permission,Do not use the same or similar trademarks as others’ registered trademarks on the same or similar goods.。The defendant in this case, Huang、Liu did not obtain the permission of the registered trademark owner.,Use the same trademark as its registered trademark on the same kind of goods,Infringes upon others' legitimate exclusive rights to registered trademarks and the national trademark management order,Should be held criminally responsible according to law。


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