Case Concerning a Factory Producing Counterfeit Shoes in Wenzhou (Infringer: Zhu)
 

Case Brief

A Wenzhou Shoes Co., Ltd (legal representative: Mr. Zhu) produced counterfeit rubber shoes without permission from trademark owner. On March 22, 2013, when Wenzhou AIC inspected the company, there were 11, 544 pairs of shoes counterfeiting other’s registered trademarks seized, with a case value of RMB213, 072. Mr. Zhu delivered himself to police on May 16, 2013, and was out on bail on the same day.
 

Case Analysis

1. Mr. Zhu had delivered himself to police, which could be applied to lighter or mitigated punishment regulated by law;

2. The case volume was under RMB 250,000, which was not under the particularly serious circumstances;

3. Mr. Zhu was out on bail before court hearing, rather than in custody.

With the above factors, the Court decided to hear the court in summary procedure at first. As per judicial practice in the local, there was a high chance that Zhu would be put under probation, with imprisonment of less than one year.
 

Harvesting’s Action

After being entrusted by client, Harvesting immediately assigned a professional team to work out a plan, actively protecting client’s interest. Below is part of Harvesting’s actions:

1. Reviewed and copied case files, and found that Mr. Zhu had counterfeited several registered trademarks of the victim.

2. Submitted supplemental evidence to the Court, including Mr. Zhu’s previous infringement records attained from the victim;

3. Supervised the trial procedure, and pointed out that the case was not suitable to be tried in summary procedure;

4. Put forward independent lawyer’s opinion, proposing that the defendant had counterfeited several registered trademarks, with the case volume exceeding RMB150,000, which is under particularly serious circumstances; Meanwhile, we proposed that the crime committed in this case was conduct crime, and that the infringer did not sell in deed could not be taken as unaccomplishment.
 

Judgment

1. The defendant Wenzhou Shoes Co., Ltd, who committed crime of counterfeiting registered trademark, is fined RMB 250,000.

2. The defendant Mr. Zhu, who committed crime of counterfeiting registered trademark, is sentenced to imprisonment of two years with probation of three years, plus a fine of RMB 50,000.
 

Summary

Regarding this case, active results have been achieved via our efforts:

1. The intervention of agent ad litem of victim facilitates the trial to be handled in general procedure, rather than summary procedure;

2. The evidence including the infringer’s previous infringement record was affirmed by the Court. Therefore, the penalty on the defendant was aggravated.  

3. Our opinion was affirmed by the Court, and the Court finally affirmed that the defendant counterfeited more than two registered trademarks, which was under particularly serious circumstances. Therefore, situation that the Court may state opinions such as “with the infringing products being detained, the infringer had caused relatively small social hazard, and therefore can be applied for lighter punishment” or “give lighter punishment with comparison to accomplished crime” was avoided.

4. Before court hearing, the defendant initiatively expressed his willingness to compensate the victim (but victim did not agree).