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Criminal case of product sales with fake trademarks

ensipa.cn| Updated: May 10, 2022 L M S

Case brief:

In July 2019, Shanghai Customs – together with the customs office in Hangzhou, capital city of East China's Zhejiang province – intercepted 97 packages. They contained more than 100 infringing products successively sent by Xu Peng, Su Xiang, Li Meng and others to more than 10 countries and regions such as Poland, France, the Netherlands and the United Kingdom. The products infringed more than 30 brands such as Ray Ban, Calvin Klein and Michael Kors.

On July 27, 2019, the public security bureau of Shangrao city in Jiangxi province filed the case as a criminal case and Shanghai Customs transferred it to the Shangrao public security bureau for further criminal investigation.

In August 2021, the Xinchuan district people's court of Shangrao heard that the defendant Xu Peng – together with Su Xiang, Li Meng and four other people – had formed a criminal gang, without the authorization of the brand party, selling goods with fake registered trademarks, involving a total amount of more than 680,000 yuan ($101,076).

Xu Peng was sentenced to fixed-term imprisonment of two years and six months and fined 50,000 yuan. The six co-defendants, including Su Xiang and Li Meng, were sentenced to prison terms ranging from six months to eight months and fined between 5,000 yuan and 30,000 yuan. All the illegal income was recovered and the infringing goods and defendants' property that was used in the crime were confiscated.

Significance:

Shanghai customs – in the process of dealing with this case – actively used modern information tools and network information platforms. They deployed them to carry out the investigation and contact the public security organs and the courts in the city where the parcels were sent, forming a powerful law enforcement network.