Taobao Three Crown Female Seller Was Arrested For Two Counts

Less than P, Lee is 27 years old, but he has been sitting on tens of millions of years. < /p >
< p > 2010, she opened a shop selling all kinds of high imitation luxury goods on the website of "a href=" http://www.91se91.com/ "Taobao < /a". In just 6 months, the sales volume was as high as 20 million yuan. Because buyers are highly praised, the volume of transactions is large, and online stores are developing very fast. As of this year, they already have three crowns (Note: the crown represents the reputation level of Taobao online stores, and the number of premium sellers of three crown sellers is between 50 thousand and 100 thousand). < /p >
< p > September 29th, the police of the special investigation team of the public security sub Bureau of the lower city will arrest the Li who is preparing to leave. At present, Li has been arrested by the procuratorate. < /p >
< p > in the face of the police, Li speaks freely and shows calm. She does not realize that her behavior is suspected of breaking the law and has always felt that the problem is not big. < /p >
< p > reporter after the completion of Li's case, sigh, if it is not because the legal consciousness is too weak, she can be called marketing wizard. < /p >
< p > unfortunately. < /p >
< p > < strong > several times to France luxury stores try genuine products < /strong > /p >
< p > < strong > her shop sells only "top class" goods, < /strong > < /p >.
< p > Li's parents are ordinary workers, family conditions are not very good. < /p >
< p > after graduating from technical secondary school, Lee is unemployed at home. His biggest hobby is to look at fashion magazines and study trends. Which luxury brand has launched new products, and which clothing is the most popular at the moment? < /p >
< p > in the eyes of relatives and friends, Li is a girl who is obsessed with luxury goods. She is also a strong woman with strong ideas and courage. She is stubborn and stubborn and has to do everything best. In a href= "http://www.91se91.com/" target= "_blank" > dress < /a > market, rent a small stall, sell cheap a href= "http://www.91se91.com/" target= "_blank" > dress < http://www.91se91.com/ >, this is not her life. Her dream is to do something big. < /p >
< p > since February 2010, Li has devoted himself to the operation of online stores. In order to get first-hand fashion information, she flew to Cannes, France, to try out the latest popular a href= "http://www.91se91.com/" target= "_blank" at all luxury brand stores. The costumes were < /a > a href= "http://www.91se91.com/" target= "_blank". Each time he tried it on, Li would carefully study the fabric, design and workmanship of the clothes, and take pictures of the details. < /p >
After returning to China, Lee sent these photos to manufacturers in Guangdong and Shenzhen. If the other party reached the standard of production, she could be allowed to supply to her shop. < /p >
Yu P, who is in charge of handling the case, said that Li was a very sophisticated person, demanding harsh fabrics, patterns, and so on. Therefore, the goods and real products made by the suppliers are almost the same. It is difficult for ordinary consumers to identify them. < /p >
< p > "among all the similar businesses in the country, her shop is one of the best." I feel very sorry, "Yu said." the fabric is expensive and exquisite. The general customers are satisfied with the purchase, and the business in the store is excellent. < /p >
< p > < strong > > a href= "http://www.91se91.com/news/index_q.asp" > price control > /a > /strong > /p >.
< p > < strong > "hunger marketing" < /strong > /p > for customers.
< p > Li is not very well educated, but she has a business sense. Yu's assessment of her is that he is strong, capable and intelligent. < /p >
< p > because the shop is well managed, Li has a reputation in the circle. Many vendors come to see her, hoping to supply her. There is a "rigid rule" for Lee to trade with suppliers: to ensure that the terminal retail price of their stores is the lowest in the whole network. This means that if the supplier wants to offer the same products to other stores, the agreement price must be higher. < /p >
< p > besides, Lee also pays close attention to businessmen who do similar businesses, and often contacts with them, discusses the selling price, and intends to set up an "offensive and defensive alliance". She once said to a colleague: "you can't make the market rotten." < /p >
< p > for customers, Lee also has a set. She is well versed in consumer psychology and is good at using all kinds of marketing methods. < /p >
< p > the products sold in Taobao shop have a column of "baby details". The seller can edit the picture and text here to further display the characteristics of the goods. In editing the "baby details", Lee will not only sell his own goods, but also match the "special price" and "purchase price" of the same goods. The comparison between the three can be seen at a glance. < /p >
< p > a sandal of Miu Miu. The price of the counter is 8000 yuan, about 7000 yuan, while the Lee shop only sells 2000 yuan, and thousands of pairs are sold in a few days. Many buyers said, "style and materials are exactly the same". < /p >
"P" sometimes, Li likes to put on a gimmick, even if the stock is enough, it will have to drag on for one or two weeks before delivery, claiming that the foreign businessmen rush to rush, and the goods on hand are not enough to sell. This "hunger marketing" effect is very good, customers are more convinced of the authenticity of the goods brand, part of the "explosion", "limited money" will even appear panic buying trend. < /p >
< p > < strong > "Chanel" is "Xiaoxiang house". It is called "LV" as "donkey card" < /strong > /p >.
< p > < strong > she thought she had evade the legal risk < /strong > /p >
< p > Lee has hired thousands of square meters of workshops in Sijiqing as a "studio". The studio includes many parts, including drawing room, photo studio, sorting warehouse and so on. < /p >
< p > because of the cumbersome business, Li also hired 10 "small workers", who are responsible for website editing, customer service response and single invoice delivery. < /p >
< p > in the specific work, Li is very careful to "avoid" legal risks. Before her staff is on duty, she has to give special treatment. When the cartographic personnel edit the drawings and text descriptions for the goods, no brand name is allowed: "Chanel" is changed to "Xiaoxiang house", "LV" is changed to "donkey card", and "Prada" is changed to "PDA". In the picture, any place where the brand logo is located must be played with a mosaic of more than half. When the customer service personnel talk with customers, they will avoid all the problems involving the brand of the goods. Only that all the goods are "foreign trade orders". When the shippers pack the goods, they should first cut the trademarks and no invoices in the boxes. < /p >
< p > police officer Yu said that Li was thoughtful and thoughtful, but knew little about the legal provisions. These clever actions did not evade legal risks, but proved that she had subjective intent and was guilty of knowingly breaking the law. < /p >
< p > Li has a long hair, and its skin is very white and looks beautiful. When the police came home to arrest her, she was wearing a fake brand of her own shop. < /p >
During the "P" inquiry, Li behaved innocently. She repeatedly stressed that she sold the idea and brand, and affirmed that her behavior did not violate the law. < /p >
< p > police officer Yu said that the case of Lee was huge because of the huge amount of money involved, which was coordinated by the Ministry of public security, and the three level economic investigation department of the provincial and municipal level jointly organized the investigation by Taobao. Lee has been arrested on suspicion of "selling counterfeit registered trademarks" and "counterfeiting registered trademarks". Two of the remaining goods in her "studio" have been seized. < /p >
< p > police remind: e-commerce is developing rapidly. In network marketing, sellers should know the law and obey the law, do not be smart and hide their secrets. Buyers should also polish their eyes and identify them carefully, especially when facing low priced goods, and should be sensible to choose and avoid being fooled. {page_break} < /p >
< p > < strong > the real luxury brand has strict control over the quantity of fabrics and accessories, and there is no so-called "foreign trade original" or "tail sheet". < /strong > < /p >.
< p > < strong > see journalism law < /strong > /p >
< p > < strong > 1. what is the crime of selling counterfeit registered trademarks and counterfeiting registered trademarks? < /strong > < /p >
< p > lawyer Fang Shuangfu, partner of Tian Bao law firm: the 213rd article of the criminal law of China has provisions on the crime of counterfeiting registered trademarks. Without the permission of the registered trademark owner, the same trademark shall be used on the same commodity, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, or shall be fined separately; if the circumstances are especially serious, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. The "serious circumstances" are mainly required to infringe more than two registered trademarks at the same time. The amount of illegal business amounts to more than thirty thousand yuan or the amount of illegal income reaches twenty thousand yuan. "The circumstances are particularly serious" mainly requires illegal business to amount to more than two hundred and fifty thousand yuan or the amount of illegal income reaches one hundred and fifty thousand yuan. < /p >
< p > 214th stipulates the case of the crime of selling counterfeit registered trademarks: the sale is knowingly known as a counterfeit registered trademark, and the amount of the sales amount is relatively large, which is sentenced to fixed-term imprisonment of not more than three years or criminal detention, or a single penalty. If the amount of sale is huge, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. The sales volume of "larger" and "huge" standards are fifty thousand yuan and two hundred and fifty thousand yuan respectively. < /p >
< p > the premise of these two accusations is to use the same trademark as the registered trademark of another person in the same commodity, mainly for the purpose of the registered trademark. Therefore, whether the style and material of this commodity are similar or identical to others' goods are not related to whether they constitute the two accusations. < /p >
< p > < strong > 2. why is Li's behavior suspected of these two accusations? < /strong > < /p >
< p > lawyer Fang Shuangfu, partner of Tian Bao law firm: Li arranges manufacturers to produce "a href=" http://www.91se91.com/news/index_s.asp "high imitation /a >" famous brand goods, and uses "LV", "CHANEL", "PRADA" and "ARMANI" trademarks on clothing, shoes and bags and other commodities, which is exactly the same as the well-known trademarks of the world. It belongs to the act of using the same registered trademarks on the same commodity without the permission of the trademark owner, and the sales amount far exceeds the thirty thousand yuan standard of conviction stipulated by the criminal law. < /p >
< p > Lee's sale of goods at Taobao's crown shop still constitutes a crime of counterfeiting a registered trademark and will not be punishments for several crimes but will be considered as a factor in sentencing. < /p >
< p > if Li at the same time, a group of goods have already counterfeited the registered trademarks of others when purchasing them. That is to say, Lee is not a producer, but only knowingly selling goods that sell counterfeit registered trademarks. If the sales amount reaches the above standards, it will constitute another "selling counterfeit registered trademarks". < /p >
< p > < strong > 3.. How many sentences can Li Mou face? < /strong > /p >
< p > lawyer Fang Shuangfu, partner of the law firm of heaven Court: Li sells all goods that counterfeit others' registered trademarks. The amount of illegal operation is about twenty million yuan, which is far more than two hundred and fifty thousand yuan. The sentencing standard of "particularly serious circumstances" should be convicted and sentencing in the scope of fixed-term imprisonment of not less than three years but not more than seven years, and at the same time, fines should be imposed. Under normal circumstances, in view of the huge amount of illegal business, the sentence will be close to seven years' upper limit. < /p >
< p > if Lee also constitutes a crime of selling counterfeit registered trademarks separately, the two crimes shall be punished together, and the term of imprisonment shall be fined for more than seven years. < /p >