JUDGEMENT HANDLED DOWN ON TRADEMARK INFRINGEMENT CASES WORTH OF 300 MILLION CNY; 15 PEOPLE SENTENCED

On July 20, the People's Court of Zhenjiang Economic Development Zone handed out the judgement for the trademark infringement case involving 300 million CNY, sentencing 15 people for illegally manufacturing and selling counterfeit "Rolex" and other registered trademark products.

The court sentenced XU Moujun, ZHUANG Moumou and other five principal offenders to imprisonment ranging from six years and six months to three years and one month for the crime of infringing registered trademarks; The other eight defendants were sentenced to fixed-term imprisonment ranging from four years to one year and fined. Probation was applied to some of the accomplices.

From July 2015 to early April 2021, the defendant XU Moujun conspired with others to manufacture and sell counterfeit registered trademark brand watches, and successively negotiated with the defendants ZHUANG Moumou and WANG Mou (trialed inseparate case) in order to "make more profits and get money quickly". XU Moujie, CHEN Moumou and others invested and partnered in the production, assembly and sales of counterfeit "ROLEX" (Rolex) and other brand watches in Guangzhou.

After ZHUANG Moumou and others purchased domestic components and counterfeit parts, they entrusted others to assemble the dial, and then built their own assembly factory for assembly, packaging, etc.; WANG Mou sold the finished counterfeit watch to WANG Mou and JIANG Moumou and others, and carried out such acts as collecting payments and distribution of profits; ZENG was responsible for warehouse management and bookkeeping at the assembly plant.

The court found that the defendant HOU Moumou accepted the work from CHEN Moumou and others to disassemble the genuine watch products, and entrusted others to mark the splint and rotor of the watch with infringing trademarks and then assemble it.

Defendant WANG Mou and others knew that the defendants ZHUANG Moumou, XU Moujun, CHEN Moumou and others were selling watches with counterfeit "ROLEX" (Rolex) and other brand registered trademarks, but they still bought and sold them.

With the first instance it was recognized that the amount involved in the case exceeded 300 million CNY.

The People's Court of Zhenjiang Economic Development Zone held that XU Moujun and other defendants used the same trademark as the registered trademark on the same product without the permission of the trademark owner, and their behavior constituted trademark infringements.

Defendants JINAG Moumou and WANG Mou were aware of the fact that they were selling counterfeiting commodities. Their actions constituted the crime of selling commodities with counterfeit registered trademarks and should be punished according to law.

Based on the criminal facts, circumstances and degree of social harm in this case, the above judgment is made according to law.

Source:
https://baijiahao.baidu.com/s?id=1772218497538019170&wfr=spider&for=pc
(Chinese)