8 people were sentenced for counterfeiting registered trademarks in manufacturing and selling fake Baijiu of Niulanshan and other brands for profit
2022-11-10
Eight defendants were eventually sentenced to criminal penalties for the crime of counterfeiting registered trademarks when alcohol was blended to produce base liquor, filled and packaged, and then sold Baijiu with counterfeit registered trademarks. A few days ago, the Huangshi Intermediate People's Court of Hubei Province concluded the case of counterfeit registered trademark in the second instance, ruling to reject the appeal and uphold the original judgment. From April to September 2019, the defendant Houmou rented a site in Qingzhou City, Shandong Province, and successively hired the defendant Houmou A, Zhao, Li, Houmou B, Yan, Chen and others to produce Baijiu with fake Maopu registered trademark and Niulanshan registered trademark for sale. In April 2019, Houmou rented a parking lot from the defendant Zhou with an annual rent of 26000 yuan to build a base liquor production site. The base liquor was produced through alcohol blending, and then the blended base liquor was transported to the rented production dens. Houmou A and others filled the base liquor, packaged it with packaging materials purchased from Ruan (another case) and others, and sold it. From May to September 2019, a total of 5597 pieces of fake Baijiu will be shipped to Beijing and other places for sale through Zhoumou's Oriental Shenzhou Logistics Company. On August 22, 2019, when the latter sold 50 pieces of fake Maopu tartary buckwheat wine to Zhao in Ezhou City, Hubei Province at the price of 18300 yuan, he was seized and detained by Ezhou Market Supervision and Administration Bureau. According to accounting, the cost of transportation, storage and disposal of counterfeit base liquor involved in the case was 36920 yuan. On September 6 of the same year, the public security police seized 3280 bottles of fake Baijiu with Niulanshan registered trademark and 8 bottles of fake Baijiu with Maopu registered trademark in three rented warehouses in Houmou, Qingzhou City, Shandong Province. According to the relevant price certification center, the counterfeit Baijiu with registered trademark of Niulanshan was found to be worth 358802 yuan. On the day of the crime, the public security police seized the base liquor, packaging materials, water purification equipment, filling machines and other counterfeit liquor making tools from the production dens of the later people. Later, 7 people were arrested on the same day, and Yan was arrested on October 19, 2019. After the trial, the court of first instance held that the defendant, Mr. Hou, together with the defendant, Mr. Hou A, Mr. Li, Mr. Chen, Mr. Zhao, Mr. Yan, and Mr. Hou B, used the same trademark on the same goods without the permission of the registered trademark owner, and the circumstances were particularly serious; Zhou, the defendant, clearly knew that someone later committed the crime of counterfeiting a registered trademark and provided him with production sites and transportation assistance. All his acts have constituted the crime of counterfeiting a registered trademark. The defendant, who plays a major role in the joint crime and is the principal offender, shall be punished according to all the crimes he participates in. Seven persons, including the defendant A, play a secondary role in a joint crime and are accomplices, who should be given a lighter or mitigated punishment according to law. The court sentenced the defendant to three years and six months of fixed-term imprisonment according to law, and imposed a fine of 180000 yuan. The other seven defendants were sentenced respectively. The confiscated cases involving fake Baijiu and criminal tools shall be handled by the public security organs according to law. The above-mentioned criminal acts of 8 defendants who cheat consumers, infringe upon the legitimate rights and interests of many consumers and damage the public interest shall bear the corresponding civil liability. The plaintiff in the incidental civil public interest litigation requested the defendant to jointly pay 36920 yuan for the transportation, storage and disposal of the counterfeit base liquor involved in the case, and issued an apology statement in the media
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：chinacourt.org
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