Zhongshan Road, Xiamen, A Shop Selling Fake Products Online Was Fined 3000 Yuan

Recently, a shop in Zhongshan Road, Xiamen was fined more than 3000 yuan, because the store sold 4 or 5 trademarks.

And use network sales to cover up.

This year, online shopping is becoming more and more popular.

The China Industrial and commercial bureau of the Municipal Industry and Commerce Bureau has developed the "network market supervision and management system" by the Provincial Bureau of industry and commerce, which has strengthened the supervision over the trademark infringing commodities by combining the on-the-spot and the network inspection.

In early September, the staff of the industrial and commercial institute inspected the Internet. It was found that the price of a variety of goods released by a shop in Zhongshan Road was abnormal. For example, a Polo cloth shoes, the unit price was only 68 yuan, the regular product price could not be so low.

After paying attention to the situation of China's industrial and commercial income, the law enforcement team was immediately organized to conduct on-site inspections at the store.

Soon, business law enforcement officers found Polo shoes on the store shelves.

5 brands of CK wallet and other products are suspected of trademark infringement. Businesses can not provide authorization certificates for trademark owners. They are asked to buy goods at a price less than that of genuine products, and then sell them at a price nearly doubled. For example, the price of a pair of Polo cloth shoes is 37 yuan, which is sold at 68 yuan.

On the spot, 117 pieces (double) of suspected trademark infringement shoes, shorts and wallets were found, involving 5 brands such as Puma, Polo, Kappa, CK and so on. The law enforcement officers of industry and Commerce seized the infringing products according to law.

After more than 20 days of investigation, it was found that the goods seized were trademarks infringing products, and all the infringing goods seized and confiscated by the store were punished, and a fine of RMB 3158 yuan was imposed.

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Trademark infringement (TRADEMARK INFRINGEMENT): trademark infringement refers to: a person who uses the same or similar trademark with the registered trademark on the same or similar commodity without the permission of the trademark owner, or other acts that interfere or obstruct the trademark owner to use his registered trademark and damage the legitimate rights and interests of the trademark owner.

The infringer usually has to bear the responsibility of stopping the infringement. He who knows or should know that the infringer is liable for compensation.

If the circumstances are serious, criminal responsibility shall also be borne.

The following four elements constitute the infringement of goods selling counterfeit registered trademarks:

1) there must be an illegal act, that is, the seller has implemented the act of selling counterfeit registered trademarks.

2) there must be a damage fact, that is, the sale of counterfeit trademark goods implemented by the perpetrator has resulted in the consequences of damage to the trademark owner.

Selling goods that counterfeit others' registered trademarks will cause serious property damage to the rights, and will also bring about goodwill damage to the units that enjoy registered trademarks.

Whether property damage or goodwill damage is a fact of injury.

3) the offense is subjective and has fault, that is, the fact that the seller is a counterfeit registered trademark is known or should be known.

4) there must be a causal relationship between the illegal behavior and the damage consequence, that is, the relationship between the sales behavior of the wrongful person and the antecedents and consequences of the damage result of the trademark owner.