Case review: From August 2019 to August 2020, the defendant Jiang purchased a large number of cosmetics with counterfeit registered trademarks from Shantou City, Guangdong Province, and stored them in a private house in Baqiao District, Xi'an City, and later reported to Huang. , Tongmou, Zhang and others in the cosmetics stores operated by Kangfu Road, Xi'an, etc. for sales, and wholesale profit to Yan'an City, Tianshui City, Yinchuan City and other places.
On August 22, 2020, public security officers seized a total of 44 boxes (4128 bottles) of a certain Rantang series products in Jiang's rental house after receiving the alarm; a total of 60 boxes (4214 bottles) of a certain Laiya international series products, and another 144 A total of 12 boxes (1176 bottles) of Nimouya men's series products; a total of 80 boxes (6360 bottles) of Oumouman series products, a total of 96 sets of boxes; a total of 34 boxes (2904 bottles) of a Quein series products , the total value of the goods with counterfeit registered trademarks of the five brands seized above is 3.0086 million yuan. During the period from August 3, 2019 to August 20, 2020, Jiang earned 1.396 million yuan from the sale of counterfeit cosmetics.
Court hearing: The Xi'an Baqiao Court held that, knowing that the goods were counterfeit registered trademarks, the defendant Jiang still sold the goods for a long time and the amount was huge, and his behavior constituted the crime of selling goods with counterfeit registered trademarks. After the case, he truthfully confessed the facts of the crime and voluntarily pleaded guilty and accepted punishment, and he could be given a lighter punishment in accordance with the law. Based on the facts of the crime, the circumstances of the case, and the defendant's repentance, the defendant Jiang was convicted of selling commodities with counterfeit registered trademarks and sentenced to fixed-term imprisonment. Four years and six months, and a fine of 800,000 yuan; Defendant Jiang's illegal income of 1.396 million yuan will continue to be recovered and confiscated; the seized goods with counterfeit registered trademarks will be confiscated, and the seized organ Xi'an City Public Security Bureau Chanba Ecological Zone Bureau turned over to the state treasury. Judge
reminded: Selling goods that are known to be counterfeit registered trademarks objectively brings a large number of counterfeit, inferior and substandard products into the market, which has an impact on famous and high-quality products and other similar products, making it difficult for consumers to distinguish the authenticity from the fake, deceived, and serious. It will also threaten the health and life safety of consumers, seriously damage the legitimate rights and interests of consumers, and infringe on others' legitimate rights to exclusive use of registered trademarks and the state's management order for trademarks.
Consumers should purchase products through regular stores or official channels, and at the same time improve their ability to identify, do not be greedy when purchasing products, and be more cautious when purchasing products whose selling price is too different from the original price. It is recommended that consumers shop around. Beware of being deceived. If any quality problems are found in the products, they must take up legal weapons to safeguard their legitimate rights and interests.
Editor: Wang Chenwei
Editor in charge: Zheng Libo
Editor in chief: Yao Qiming
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