Shulou(Shulou.com)11/24 Report--

CTOnews.com, January 3, January 2, Guangdong higher people's Court issued a batch of typical criminal cases of intellectual property rights, six of which involved the sale of "second-hand refurbished millet TV" disguised as "authentic".

It is reported that since April 2018, the defendant Yan Mou set up an overlay trading company in Foshan and successively hired defendants Wu Mou, Wei Mou and others to purchase second-hand millet TV sets returned by consumers due to varying degrees of quality problems from JD.com, SUNING and other channels without the authorization of the trademark registrant. Then buy all kinds of fake accessories from the third party, cartons with "MI" registered trademark logo and other materials, and renovate the TV sets to varying degrees, such as testing, maintenance, replacement of screens, accessories, etc., and make a profit in Xianyu App after repackaging in the name of "authentic, original millet TV sets". At the scene, the public security organs seized 795 TV sets with fake "MI" registered trademarks that replaced LCD panels, packaging and external accessories. After verification, the above televisions are worth more than 529,000 yuan. It was also found out that from July 2018 to April 2019, Yan bought as many as 10837 second-hand millet televisions only from JD.com 's second-hand spare parts library.

The Nanhai District people's Court of Foshan City held that the act of Yan Mou and others renovating second-hand TV sets purchased through legal means does not constitute a crime, but the renovated millet TV sets are not brand-new authentic ones and may not be sold in the name of brand-new genuine televisions without the permission of Xiaomi Company. The behavior of Yan and others makes consumers mistake the refurbishment machine for a new original machine, causing consumers to confuse the source of the goods and damaging the market goodwill of Xiaomi company. Yan was sentenced to three years and six months in prison and fined 250000 yuan for counterfeiting registered trademarks. The other five accomplices were all sentenced to one year and eight months to one year in prison and fined for counterfeiting registered trademarks. Foshan Intermediate people's Court upheld the original judgment in the second instance.

The Guangdong Provincial higher people's Court believes that this case is a typical case in which the sale of genuine "second-hand refurbished" electrical appliances disguised as "original" constitutes the crime of counterfeiting registered trademarks. Destroying the quality assurance function of the registered trademark and causing consumers to confuse the sources of goods not only damage the goodwill of the production enterprises, but also damage the legitimate rights and interests of consumers. To investigate the criminal responsibility of the defendant in accordance with the law is of great significance for maintaining the order of fair competition in the market.

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