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    A Company'S OEM Has Caused Criminal Liability For Trademark Infringement.

    2010/6/3 10:28:00 61

    Trademark Infringement Caused By OEM

    A few days ago, the Yinzhou industrial and commercial sub Bureau found a clothing processing case against the international brand "POLO" and "crocodile" trademark infringement during the inspection process, involving 1 million yuan.

    It is astonishing that clothing companies know nothing about infringement.

    The business sector reminds OEM enterprises to enhance the legal awareness of trademark ownership.


    It turned out that the garment processing company received a clothing order from a foreign trade company in April last year, and the other side asked for OEM processing of a batch of "POLO" and "crocodile" brand garments.

    Because of the sensitivity of the industry, the person in charge of the garment processing enterprise asks to see the relevant trademark authorization letter.

    A few days later, the other side provided two copies of the English trademark authorization letter, and repeatedly assured the company that there was no problem with the order.

    So the two sides signed the order of 1 million 600 thousand yuan for "POLO" and "crocodile" brand clothing processing.

    Last month, when the garment factory produced more than 70 thousand garments, contacted the foreign trade company, and unexpectedly discovered that the foreign trade company had already closed down, the responsible person has also escaped, after looking for no fruit, the clothing factory has stopped production.


    With the assistance of the business sector in Yinzhou, the authorized letter of attorney provided by the foreign trade company is counterfeit. Although it is unaware, the production behavior of the garment processing enterprise has already involved trademark infringement.

    According to the briefing, garment processing enterprises accepted orders under the condition of no verification, and produced more than 70 thousand suspected trademark infringement products, with a value of 1 million yuan. According to the latest prosecution standards, the illegal business volume of more than 250 thousand yuan will be investigated for 3 years or less of criminal responsibility under 7 years, and a fine of 3 times.

    At present, the case has been pferred to the judiciary.


    OEM is the mode of production of many enterprises in our city. However, due to lack of legal knowledge, trademark infringement cases occur frequently. The business sector reminds enterprises that when the OEM is accepted, it is necessary to verify the authenticity and validity of the "trademark authorization letter" provided by the other enterprises, so as to avoid involvement in trademark infringement cases without knowing it.

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