Singapore's Trademark Rights Protection Case Settled In Jiangxi Province

At this point, a trademark campaign that lasted nearly four years was finally settled.

Located in Singapore, it is a manufacturer specializing in the production of cyanoacrylate and epoxy adhesives. Its trademark "ALTECO" has been registered with the General Administration of industry and Commerce of China.

In June 2010, the company learned of a tort clue that a fake "ALTECO110" strong glue appeared in different countries. Its packaging details are almost the same as those produced by the company's "ALTECO110" strong glue.

As a result, the company went to Yiwu, Zhejiang, China. After that, it went to Yiwu, Jiangxi, Ji'an and Yichun from Zhejiang and Yiwu, and reported to the Jiangxi police for help.

In September 29, 2010, the Yichun Municipal Public Security Bureau seized 1156944 pieces of fake "ALTECO110" strong glue finished products and "ALTECO110" strong glue hose (empty) 1064576 branches sold by KX company and JJS company.

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Counterfeit "ALTECO110" strong glue and aluminum pipe (empty), each according to the domestic market price of the same kind of infringing product, each price is RMB 1.9 yuan and 0.15 yuan.

KX and JJS illegally operate fake "ALTECO110" strong glue products and "ALTECO 110" strong glue hose totaling 2 million 357 thousand and 877 yuan.

In addition to the above counterfeit goods, the public security organs also detain plastic outer packaging, business card printing, and the printing plate of the security brand.

The public security organs went to Jiangxi, Zhejiang, Fujian and Hunan to investigate the management, production and sales personnel of the company KX and JJS. More than a dozen people had mastered the criminal evidence of KX company, JJS company and Tu's infringement of trademark exclusive rights.

In October 22, 2010, the Yichun Municipal Public Security Bureau recovered the 400 thousand yuan of illegal income of a slaughterhouse.

In April 23, 2012, the people's Procuratorate of Yuanzhou District of Yichun City accusing the defendant of KX, JJS and defendant of the crime of counterfeiting a registered trademark, and filed a public prosecution with the Yuanzhou District People's Court on the indictment of 106 yuan indictment (2012).

Unlike the previous cases of trademark rights protection, the company has commissioned a Chinese lawyer to attend the court as a victim and take part in criminal proceedings.

In December 13, 2012, the people's Court of Yuanzhou district held that: KX company and JJS company, for profit purpose, in the production and operation process, without the permission of the trademark registrant, use the same trademark as the registered trademark of the company in the same commodity. The total amount of illegal business is RMB 2 million 357 thousand and 877 yuan, all of which constitute the crime of counterfeiting registered trademarks.

Tu Mou is the legal representative of KX company and the chairman of JJS company. He is the direct responsible person of the company. He knowingly "ALTECO" (other name) is a registered trademark for others. He still arranges and arranges two companies to use the "ALTECO" trademark jointly on their commodities, and his behavior constitutes a crime of counterfeiting registered trademarks.

Tu Mou exposes other people's criminal behavior, verifying it is true, meritorious service, can be given a lighter punishment; butcher truthfully confessed his criminal facts, and pleaded guilty in court, he could be given a lighter punishment.

At the same time, the court held that, in view of the fact that the products seized were not yet sold out and did not cause further losses to the company, and the investigation was carried out in the investigation stage, the performance of penance was acceptable. According to the facts of the crime, the circumstances and the harm to the society, the probation of probation would not harm the society again, and had no significant adverse effects on the community.

According to the criminal law, it was decided in accordance with the criminal law: 1. JJS company committed a crime of counterfeiting registered trademarks and was fined 500 thousand yuan; two, KX committed a counterfeit registered trademark and was fined 400 thousand yuan; three, Tu committed a crime of counterfeiting a registered trademark and sentenced him to three years' imprisonment, five years' probation and a fine of 400 thousand yuan.

In February 2013, an JJS company, KX company and butt jointly infringed the exclusive right to apply for a lawsuit against the intermediate people's Court of Yichun, demanding that the three defendants jointly compensate the company's economic loss of RMB 2 million yuan.

The Yichun intermediate people's court found that the company is a manufacturer specializing in the production of cyanoacrylate and epoxy adhesives. Its residence is Singapore's 639084 postal area, eleventh 19.

The trademark "ALTECO" has been registered with the Trademark Office of the State Administration for Industry and Commerce of People's Republic of China, and the company is registered.

Authorized by the company, Wuxi Technology Co., Ltd. enjoys the exclusive right to use the trademark in mainland China.

The KX company in Yichun is mainly engaged in the wholesale and sales of goods such as hoses, and its legal representative is slaughtered.

JJS, a residential company in Ji'an, mainly manages hoses, plastic products, and so on.

KX and JJS are mainly responsible for the production and operation of the company.

During the period from May 2009 to September 2010, KX and JJS purchased ordinary bulk glue from Taizhou, Zhejiang and other places without the authorization of "ALTECO" (trademark holder), making use of the conditions of KX and JJS's own glue hose production line and printing equipment to produce fake "ALTECO110" strong glue hoses and filling glue.

Tu is responsible for the purchase, production and operation of two companies.

The Yichun intermediate people's court held that although Tu Mou was the person in charge of KX company and JJS company, the two company had sold assets to pay for the fine.

In criminal cases, Tu Mou is convicted and sentenced as a direct responsible person in a unit crime. In civil disputes, the subject of tort liability after a tort is a unit.

KX and JJS did not manufacture and sell counterfeit "ALTECO" 110 strong glue and hoses without authorization from the company. They infringed the registered trademark of the company.

In this case, the company requests KX company, JJS company and Tu Mou to compensate for the loss of 2 million yuan.

Because the company failed to provide direct damages for infringement of KX company and JJS company during the infringement period, the public security organs seized the value of the infringing articles for 2 million 357 thousand and 877 yuan, and did not sell and sold 400 thousand yuan in profits. The duration, extent and scope of the infringement, the subjective degree of infringement and the public security organ's administrative penalty were considered, and the KX company, JJS company and Tu Mou were sentenced to 400 thousand yuan, 500 thousand yuan, and 400 thousand yuan respectively after the effective judgment of KX company, JJS company and butcher's tort company.

According to the Trademark Law of the People's Republic of China, KX and JJS immediately stop producing and selling commodities that infringe on the exclusive rights of the registered trademarks of the company, and compensate the company for economic losses of 40 thousand yuan.

The company appealed to the higher people's Court of Jiangxi Province, saying that the criminal judgment of the people's Court of Yuanzhou District of Yichun was only one proof of the claim of civil compensation by the appellant.

The standard of proof in criminal cases is different from the standard of proof in civil cases. Public security organs can verify the actual production and sales situation of KX company and JJS company by interrogating Tu Mou and investigating Wang Hua Yang and Ni Jiankang.

In an interrogation record, Tu Mou admitted that his illegal profits were as high as 500 thousand yuan, and the public security organs also recovered 400 thousand yuan in tort profits. The trademark law stipulates that the infringer should be compensated to the trademark owner for the benefit gained during the infringement.

In the first instance, it was decided that Tu was performing his duty, and the individual was not liable for infringement of civil liability.

The appellant slaughtered a defense, arguing that the first instance decided that the facts were clear and the application of the law was correct. The appeal of the company should be rejected and the original judgment should be upheld.

In May 28, 2014, the case was held at the higher people's Court of Jiangxi province.

The parties have heated debates over major disputes such as the determination of the subject of joint infringement and the amount of compensation. The company has even reserved the right to appeal against the penalties received by the butcher, KX company and JJS company.

Despite major differences, the two sides have not closed the door to consultation.

Under the efforts of the judges of the higher people's Court of Jiangxi Province, there were more than thirty e-mails.

At the end of August 2014, the final settlement agreement between KX and JJS was finally reached.

1. The accused infringer and KX company and JJS company promise not to produce and sell the counterfeit or counterfeit "ALTECO" and "ant" brand glue and other commodities, do not entrust others or privately print "ALTECO" and "ant" glue packaging, and no longer infringe on the trademark rights of the company; if it is once again recognized by the relevant departments to infringe on the trademark rights of the company, no matter the amount value, counterfeit trademarks or trademark similarity, and other counterfeit infringing acts, it is confirmed that the company and KX company and JJS company jointly compensate the economic losses of the company, which is no less than 1 million yuan.

Two, Tu Mou and KX company and JJS company jointly compensate the 212 thousand yuan for the company, and the company has given up the appeal for a part of the sentence.

All disputes over the case were settled.