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"Brand" Clothes Originally Came From Small Workshops. Women Were Convicted Of Infringement Of Trademark Rights.

2020/5/7 11:13:00 2

"Brand Name"InfringementTrademark Right

When a brand of clothing is sold on the Internet, a woman will produce the brand clothing at home, and sell profits in the online shop. Recently, the Yueqing court sentenced a counterfeit registered trademark case to judge Liu guilty of counterfeiting a registered trademark. He was sentenced to eleven months' imprisonment and a fine of 75000 yuan.
The brand-name clothes coming in on the Internet are fake.
In June 2019, zhengmou of Yongjia county was going to sell some clothes through the Internet. He found a clothing store selling the Korean "Haggis" brand on the Internet, and saw that the sales volume of the store was very good. He bought 10 samples for 1230 yuan. After arriving, Zheng felt that the quality of the clothes was still good, so he was prepared to get more ready for sale.
In July 16, 2019, Zheng bought 332 pieces of "Haggis" brand clothing in the original shop, and the total price of these clothes after the counter-offer was 50840 yuan.
When Zheng Mou dressed his clothes in the office for sale, one day, his friend saw that the clothes were not hung up, reminded Zheng that the clothes were counterfeit. If they sold fake products, they would be punished. He was advised to go to the "Haggis" store for inspection.
Zheng thought that the price of these clothes was one hundred or two hundred yuan, and the seller said it was genuine, and he believed it. After a friend reminded him, he still took his clothes to the Haggis store for inspection. Experience, these clothes are fake.
Zheng reported the case to the police. Soon, the police arrested the suspect.
The "brand" clothes are from the small workshop.
The suspect, Liu Mou, is a Dalian native. She runs a shop in the Alibaba, which is called "Dalian Pu Wan New District's exotic boutique wholesale clothing store".
Beginning in the winter of 2018, she found that the "Haggis" brand clothes were sold well, so she put different types of pictures of Haggis brand in her online shop. If someone bought the order, she would go to other stores to sell it, but she thought the profit was too low. So, Liu searched for the English "Haggis" (HAZZYS), then bought some other collar clothes, changed the "Haggis" (HAZZYS) collar, or found some net version of the clothes on the Internet, that is, simply did not modify the white clothes, and put some pictures on them. When she was very large, she commissioned a small production workshop to produce clothes, and then labeled the "Haggis" brand to sell clothes directly.
In August 22, 2019, the Public Security Bureau seized 832 unsold "Haggis" brand costumes in Liu's home. After verification, the value of clothing seized at home was more than 84000 yuan.
Infringement of trademark is sentenced and fined.
According to the trademark licensor, the 332 pieces sold by the defendant Liu to Zheng and the 832 "Haggis" brand clothes seized at home were all counterfeit "Haggis" brand products.
The court of Yueqing found that HAZZYS is a registered trademark with the registration number 3463206th. It has approved the use of commodities (twenty-fifth categories): long coats, shorts, short coats, girdling waist belts, T-shirts and so on. The trademark registrant is Lok Fu, which is valid until February 13, 2025. The company is licensed to use the Shanghai Di Rui Garments Co., Ltd., with a service life of January 1, 2015 to December 31, 2021.
The court of Yueqing held that the defendant, who had not registered the trademark owner's permission and used the same trademark as the registered trademark on the same commodity, had serious circumstances. His act constituted a crime of counterfeiting a registered trademark. He was sentenced to eleven months' imprisonment and a fine of 75000 yuan.
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