"CONVERSE" Fake Shoes Sold 18 Million To Become The First Case Of Fujian Fake Shoes.

Taobao sells fake CONVERSE products and sells tens of millions of dollars.

The first case of fake shoes; the pie factory imitated Xiamen old brand and embezzled "Gulangyu Islet" trademark, was sentenced to pay compensation; executive "go to sea" to open their own company, constitute infringement.

Yesterday, the Siming District Court released ten classic cases of intellectual property rights, and Xiaobian selected 3 from them to provide reference for readers' rights protection.

Case 1

Selling CONVERSE shoes online

Yesterday, the Siming District Court introduced a case involving tens of millions of dollars in CONVERSE shoes.

This case is also the largest online sale of fake shoes in the province.

"

"Is a famous sports brand in the United States, but in recent years, counterfeit" CONVERSE "has been flooding in the market.

Lin, Wang and other 8 groups, jointly or separately in Fuzhou, Xiamen, through the Taobao network to sell counterfeit "CONVERSE" trademark rubber shoes.

In order to increase the sales volume of fake shoes, Wang also employs several employees, responsible for customer service, warehousing and stock sales, and so on.

Sales are quite "hot", with an average of 8000 pairs of fake "CONVERSE" sold every month, with a total sales of about 3500000 yuan.

The start time of Lin's selling and selling is similar to that of Wang, but his sales of fake shoes are better.

They rented two offices and an underground warehouse, and sold them through the Internet.

In less than a year, they sold 100 thousand pairs, with a total sale amount of 4 million 900 thousand yuan.

At the peak, the new gang sold 20 thousand fake CONVERSE shoes in one month, with millions of dollars in monthly sales.

Through court hearing, Lin and others sold the fake goods through the Internet, the total value of the fake shoes amounted to about 18000000 yuan, and their behavior constituted the crime of selling counterfeit registered trademarks.

In the end, the court sentenced Lin to 6 years' imprisonment and a fine of 3 million 500 thousand yuan. Lin's 7 accomplices were sentenced to fixed-term imprisonment ranging from 2 years to 6 years, respectively.

Judge comment

Damage to the rights and interests of trademark owners

The production of fake shoes in this case involves Putian, Wu Ping and other places, and sales all over the country.

The judge said that Fujian province is

The important production base of Jinjiang, Putian and other places are many famous international brands.

However, in recent years, frequent cases of imitation of foreign high-end sports brands in some areas have damaged the legitimate rights and interests of trademark owners, disrupted the market order, and also infringed on consumers' right to know and fair trading.

The total penalty amount of this case is as high as nearly ten million yuan, which effectively safeguarded the market order.

Case 2

Gulangyu Islet pie is copied.

Gulangyu Islet pie has long been known, but in recent years, Xiamen's "time-honored brand" has fallen into the predicament of being imitated by its peers.

Many businesses are rushing to use the "Gulangyu Islet" in the pie packaging. It is true and false, consumers are dazzled, and the controversy over the use of "Gulangyu Islet" trademark is also increasing.

To this end, the real "Gulangyu Islet" trademark owners have launched a trademark war of defense, will produce and sell similar "Gulangyu Islet pie" merchants to court.

The first group of defendants in court was the seller, Xiamen East Trading Co. Ltd. and the manufacturer Xiamen city hahai Food Co., Ltd., which required the other party to stop production and compensate for the economic loss of 200 thousand yuan.

In the end, the court decided that the manufacturer should be infringed and demanded that the old version should be stopped immediately and the plaintiff's economic losses should be compensated at 80000 yuan.

Judge comment

Stressing "Gulangyu Islet" is a tort.

The judge said that the Trademark Law of China stipulates that the names of the administrative divisions above the county level or the foreign names that the public knows are not trademarks.

Gulangyu Islet originally belonged to a district in Xiamen. It belonged to the place names above the county level. Because of the administrative division reform, Gulangyu Islet area was incorporated into the Siming District in 2003. Gulangyu Islet is no longer a county administrative division.

After the cancellation of this "forbidden item", Gulangyu Islet, as a famous scenic spot in the country, was quickly registered for trademark.

This makes the "Gulangyu Islet" more exposed to the conflict between the use of the place name and the trademark right when it is used.

At present, 80% of Xiamen's market has three words of "Gulangyu Islet" on the pie packaging.

Then, is it the word "Gulangyu Islet pie" on the packaging that infringements?

In this regard, the judge said, not necessarily, the key is to see specifically how to use these words.

The three words of "Gulangyu Islet" are place names, which can be used by everyone, but if someone uses them prominently and deliberately causes consumers to mistaken, then this malice can be suspected of infringement.

For example, in the above cases, the old boxes used by manufacturers especially highlighted the three words of "Gulangyu Islet".

On the whole, when consumers purchase, it is very easy to confuse and mistaken the defendant's products and plaintiff products, which is a tort.

Case 3

Executives resign and establish mountains

Executives "go to sea" and start their own businesses, and they will also be sentenced to tort damages. Recently, the Siming District Court made a judgment on such a tort lawsuit.

Lee was originally a deputy general manager of an information company. He worked in the company for many years, and he signed the employment contract with the company.

However, the contract has not yet expired, Lee suddenly resigned to the company.

The company agreed to his resignation. Soon, Li joined in partnership with others to set up an information company, which was almost the same as the "old club", and even the customer order was brought from the original company.

Li was not the legal representative of the new company, but he acted as the chairman and general manager, in fact, the actual controller of the company.

According to the evidence provided by the "old East" to the court, Li was in charge of contacting the company's Japanese customers and mastered a large number of business secrets.

After leaving, he used the mailbox in the "old club" to contact the Japanese customers to bring the customer to his new company.

Recently, the court of the Ming Ming District decided that the act of Lee and its new company was "unfair competition". The court ordered them to stop the infringement immediately and compensate for the loss.

Judge comment

"Job hopping executives" malicious competition

The judge said that malicious competition is related to the job hopping of executives and the use of existing customer resources to develop businesses.

Because enterprise customer information is an important resource for enterprises to survive, some enterprises have a relatively low sense of confidentiality, and have not signed confidential agreements with their employees, and have not taken corresponding measures of confidentiality for customer information. Many foreign trade and technology enterprises employees are also willing to use the original single customer information to make unfair competition and pull business after they quit.

Therefore, this case is of great warning significance to the more common employees' violation of the obligation of prohibition of business strife and infringing on the "old club".