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One Operator Sold A Fake "NIKE" For A Profit Of More Than Ten Million.

2016/11/22 9:42:00 40

NikeSports ShoesRegistered Trademarks

The fake price will be purchased at 48 yuan / double price.

NIKE

And other international brands

Gym shoes

Sold to 118 yuan / double, a business operator on the first floor of a commercial plaza in Xiangzhou's West Guangdong Road, originally wanted to make a pot full of complaints, and was reported to be complained by the brand. About 500 pairs of fake shoes were seized by the industrial and commercial authorities. The amount of illegal business involved was nearly sixty thousand yuan.

Zhuhai city commerce and Industry Bureau to the operator Liu Mou administrative punishment 119180 yuan, confiscate destroys all illegal commodity.

Report

Someone sells fake "NIKE".

Reporters learned from the Zhuhai industry and Commerce Bureau, in March 31st this year, law enforcement officers received "NIKE" brand rights holder Nike innovation limited partnership and agent's complaint, said someone sold fake "NIKE", so according to clues to Xiangzhou, Guangdong 17 West Road, Pearl Plaza, the first floor of the square commercial square sales hall inspection.

The law enforcement officers distributed 493 pairs of sneakers with "NIKE" and other logo on the scene for sale.

After screening, these sneakers are found to be rough and aggressive.

Registered trademark

The suspicion of exclusive right and the fact that no one at the scene admitted it was the owner and provided the business license, so he launched an investigation.

Profiteering

Purchase 48 yuan to 118 yuan.

In April 8th, Liu, a businessman involved in the case, admitted that he bought the sports shoes and put them in the shop to make profits.

Liu can not prove that these goods are legitimate acquisition and description providers, suspected of violating the Trademark Law of the People's Republic of China, and the law enforcement officers of industry and Commerce filed them on file.

Further investigation found that at the end of February 2016, Liu introduced a friend from a man who delivered the door to buy 506 pairs of sneakers with "NIKE" and other logo on the price of RMB 48 yuan / double, and paid 2.4 yuan for the goods, then sold them at RMB 118 yuan / double.

At the end of the day, 12 pairs of sports shoes had been sold, and the remaining unsold goods were seized by law enforcement officers. It was found that the illegal operation of the parties amounted to RMB 59590 yuan.

punish

A fine of more than ten million to destroy counterfeit goods

Due to the huge amount of money involved, serious cases, or severe punishment, the parties submitted relevant applications to the Municipal Industrial and commercial bureau on 18 September, claiming that they were unemployed and loans, and had a weak legal awareness. They were the first offenders. They could cooperate with each other in the investigation process and eliminate the harmful consequences of illegal activities.

The industrial and commercial organs consider that the claims of parties without jobs can not be justifiable reasons for the reduction and punishment; and their "initiative to eliminate and mitigate the harmful consequences of illegal activities and do not cause any adverse effects to the society" is inconsistent with the facts. The consequences of the illegal acts are stopped by the enforcement measures taken by industrial and commercial law enforcement officers because of trademark rights holders' complaints, not the parties' initiative.

For the above reasons, the application submitted by the parties shall not be accepted.

In November 18, 2016, the Zhuhai industrial and commercial bureau decided to impose an administrative penalty on Liu according to the trademark law, and ordered him to stop selling the goods infringing the exclusive rights of registered trademarks, confiscate and destroy all the infringing sports shoes according to law, and impose a fine of 119180 yuan on the parties concerned.

Relevant provisions

The trademark law stipulates that when the administrative department for Industry and Commerce deals with it, it finds that the act of infringement is established, and it is ordered to stop the infringing act immediately, confiscate and destroy the infringing goods and the tools that are mainly used for the manufacture of infringing goods and forge the marks of registered trademarks. The amount of illegal business operations is more than fifty thousand yuan, which can be fined five times the illegal business volume. No illegal business volume or illegal business volume is less than fifty thousand yuan, and it can be fined not more than two hundred and fifty thousand yuan.

More than two trademark infringement cases or other serious circumstances within five years shall be severely punished.

The sale does not know that it is a commodity infringing upon the exclusive right to use a registered trademark. It can prove that the commodity is legally acquired and explained by the supplier, and the administrative department for Industry and Commerce shall order it to stop selling.

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