Since March 2016, the defendant Li Liuwei and his wife Lai Mou printed the "DW" logo on the packaging boxes they produced and sold them without obtaining the permission of the owner of the registered trademark. On December 29, 2017, defendants Li Liuwei and his wife Lai XX were sentenced to criminal punishment for illegally manufacturing registered trademark signs. During the probation period of the former crime, Li Liuwei again carried out the act of selling the packaging boxes with the "DW" logo made by him to others. The public security organs arrested the defendant Li Liuwei on the basis of a tip-off in Guanlan Street, Longhua District, Shenzhen. The Longhua District People's Court of Shenzhen made a criminal judgment, the defendant Li Liuwei illegally manufactured and sold the trademark logo number is less than 50,000, the defendant Li Liuwei convicted of illegally manufacturing registered trademark logo crime, sentenced to two years in prison, and fined 60,000 yuan. After the verdict, the Shenzhen Longhua District People's Procuratorate lodged a protest, and the Shenzhen People's Procuratorate supported the protest that the registered trademark logo illegally manufactured in this case should be 62,512, and the first instance judgment found that the facts were wrong.
Shenzhen Intermediate People's Court made the second judgment: Upholding the first, third and second convictions of the original defendant Li Liuwei in the criminal Judgment No. 745 Yue0309 Xingchu of Longhua District People's Court of Shenzhen (2018) and partially revoking the sentencing part of the second criminal judgment No. 745 Yue0309 Xingchu of Longhua District People's Court of Shenzhen (2018) against the original defendant Li Liuwei; The defendant, Li Liuwei, was sentenced to four years in prison and fined 60,000 yuan for illegally manufacturing registered trademark logos.
This case is a typical case of the crime of illegally manufacturing registered trademark signs, involving the law application of the number of trademark signs. In this case, the relationship between trademark and trademark logo is explained in detail, starting from the principle of adapting crime, responsibility and punishment, the identification standard of trademark logo is established, that is, all trademark logos printed on an indivisible material carrier involving the same right holder are counted as one piece. The verdict of this case fully demonstrates the judicial wisdom and judicial ability of the people's court in dealing with intellectual property crimes, and has strong reference significance for the trial of similar cases.
Source: China (Shenzhen) Intellectual Property Protection Center Case database project team,
Supreme People's Court Intellectual Property Tribunal,
Shenzhen Intermediate People's Court Intellectual Property Division,
Beijing/Shanghai/Guangzhou Intellectual Property Court,
"Lexmachina", "Westlaw" and other legal analysis platforms
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