1, infringing on well-known trademarks
Case: Louis Vuitton Maritti is a world-famous luxury company, dealing in high-end goods such as luggage, leather products, clothing, shoes, cosmetics, perfumes, watches and accessories. Registered trademarks are recognized as well-known trademarks by judicial organs and trademark management authorities in China. The two markets involved are the larger wholesale and retail places of department stores in this city.
20 12 Louis Vuitton Maritti notarized and purchased a batch of goods (luggage, leather goods, etc. ) Infringe the trademark involved in the case in two markets and inform the market in writing. 20 13 bought a batch of infringing goods from two major markets, most of which were repeated infringements. The court of first instance ruled that the two markets stopped the infringement and compensated Louis Vuitton Mariti for 60,000 yuan and 90,000 yuan respectively.
Louis Vuitton Marie appealed to the High Court. The court of second instance facilitated the two parties to reach a mediation agreement, and the two markets took the initiative to increase the compensation amount to 654.38+10,000 yuan and140,000 yuan respectively.
The court also actively assisted market managers to further standardize the market order, strengthen market management, and urged market managers to revise the lease contracts and market management systems signed with all merchants in the market, add provisions on intellectual property protection, and set up liquidated damages for infringing merchants as an intellectual property protection fund for special purposes.
Typical significance: strengthening the judicial protection of intellectual property rights, strictly grasping the standard of damages and reasonably determining the amount of compensation reflect the judicial attitude of Tianjin courts to strengthen intellectual property protection according to law.
Through litigation mediation, the two parties can reach a settlement, which not only protects the legitimate interests of trademark owners, but also stops the spread of intellectual property infringement in the market involved. In particular, it is of great significance for market managers to improve their awareness of intellectual property protection, establish rules and regulations according to law, and standardize market management and business practices, so as to create a good legal environment and promote the healthy development of the market economy.
2. Case of selling counterfeit registered trademark goods
Case: Bai was registered as a hardware bearing trading company in 2002, and its business scope is hardware and bearing products. Since 2007, Bai has purchased bearing products with counterfeit registered trademarks such as SKF and NSK from Shandong and other places at low prices without the authorization of SKF (China) Co., Ltd. and Ensk Investment Co., Ltd.
Sell some fake bearings to others in the rented warehouse. In the meantime, Bai also used laser coding machine, hot melt glue gun, film template and other tools to transform some domestic bearings into SKF, NSK and other trademarks, and sold them as counterfeit imported bearings. After receiving the report, the public security organ arrested Bai on June 2, 2065, and seized bearing products with counterfeit and registered trademarks in its warehouse on the spot.
According to the statistics and accounting of counterfeit bearing products seized by public security organs, the appraisal department made an appraisal conclusion: among the 1277 bearing seizure records marked in the seizure list, 963 records involved 65 106 sets of bearings, with a total purchase price of 2,259,859.22 yuan and a total sales price of 3,082107 yuan.
Article 16 records the purchase price of 690 sets of bearings totaling 45 130 yuan, and the sales price of this part is determined to be 49,643 yuan. The selling price * * * is 3 13 1750 yuan. After trial, the court convicted the defendant of selling goods with counterfeit registered trademarks, sentenced him to 2 years' imprisonment and fined him1.500,000 yuan; Confiscation of counterfeit imported bearing products and counterfeit tools according to law.
Typical significance: In this case, the defendant, in order to seek illegal benefits, sold bearings with counterfeit registered trademarks of others, and the sales price was * * * 3 1.3 million yuan. Its behavior constitutes a crime of selling goods with counterfeit registered trademarks according to law, and the amount is huge. He shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Because the counterfeit imported bearing products stored by it were seized in time according to law and failed to sell, it was an attempted crime. Attempted crime can be given a lighter or mitigated punishment according to the completed crime, and the crime can be truthfully confessed after being brought to justice for nothing, and the crime can be voluntarily confessed in court, which can be given a lighter punishment according to law; You can also pay part of the fine, and you can be given a lighter punishment as appropriate.
Based on the above sentencing circumstances, the court strengthened the criminal protection of intellectual property rights in accordance with the law and played a role in punishing and preventing crimes against intellectual property rights in criminal trials.