Selling counterfeit cosmetics court: sentence!

In recent years, live broadcasts have developed rapidly, and consumers have placed orders under the reputation of the anchor and low -cost preferential publicity offensives. However, the live broadcast industry is mixed, and there are many muddy water touching fish in the anchor team. The reporter learned from the Huangpu Court of Guangzhou today that the court concluded a criminal case selling fakes in the live broadcast. The defendant Zhou and others paid a heavy price for this.

Beginning in August 2021, the defendant Zhou Mou successively leased a house in Baiyun District, Guangzhou, as a live place and warehousing site. It purchased fake cosmetics from a platform and sold it through another platform with live broadcast.

The defendant Liu (his girlfriend of the defendant Zhou) knew that the cosmetics sold were counterfeit, and they still assisted the defendant Zhou for live sales. On November 9, 2021, the defendant Zhou hired the defendant Weng to be responsible for customer service and after -sales work.

After calculation, the defendants Zhou and Liu have sold the above -mentioned counterfeit brand cosmetics for a total of 345290.30 yuan. The defendant Weng participated in the sales of the above -mentioned counterfeit brand cosmetics for a total of 91188.20 yuan.

On December 8, 2021, the public security personnel seized the site and arrested the defendants Zhou, Liu, and Weng on the spot, and seized the essence of registered trademarks such as "Chanel", "SK-II", "Givenchy", "Dior" A batch of cosmetics such as liquid, cream, foundation liquid, perfume, mask and other cosmetics and use instructions, anti -counterfeiting labels, and other crime tools.

After confirming the registered trademark right holder, the above -mentioned cosmetics are all products of counterfeit registered trademarks. After accounting, a total of 78385.30 yuan is worth 78385.30.

The court heard that the defendant Zhou, Liu, and Weng Mou knew that it was a product of counterfeit registered trademarks. Among them, the defendants Zhou and Liu were particularly serious. Crime of registered trademarks. The defenders Zhou, Liu, and Weng Mou had a clear crime of selling counterfeit registered trademarks.

The court comprehensively considers the defendant's criminal festival, and sentenced the defendant Zhou to eight months to three years and four months in prison for the sale of counterfeit registered trademarks, and fined 8,000 yuan to 100,000 yuan. At the same time, Cosmetic income and confiscation of counterfeit registered trademarks, cosmetics, crime tools, etc.

Judge reminds: Purchasing goods in the live broadcast room should consume rationally

The judge reminds consumers that when buying goods in the live broadcast room, they must consume rational consumption, and adhere to the standard of one -point price and one point. Seeing hundreds of thousands of products, only a few or dozens of dollars in the live broadcast room must alert.

At the same time, recognize the anchor of good reputation and good credit, but it is impulse to consume by the love of the anchors alone. It is also necessary to understand the situation of the specific merchants promoted by the anchor, such as after -sales service, whether it has legal qualifications, and word of mouth to avoid Dangdang deceived.

Legal know more D: Live selling fakes can be prisoned for up to 10 years

Article 214 of the Criminal Law of the People's Republic of China knows that it is a product of counterfeit registered trademarks. If the amount of illegal income is large or there are other serious circumstances, it will be imprisoned for three years and shall be punished or a single fine; illegal income; If there is a huge amount or other special circumstances, it is imprisoned for three years and less than ten years, and a fine.

The "Supreme People's Court and the Supreme People's Procuratorate's explanation of several issues of specific application laws on violations of intellectual property rights criminal cases (3)" except for special circumstances, the goods of counterfeit registered trademarks, illegal registered trademark logos, and copyright infringement of copyrights Materials and tools that are mainly used to create products, registered trademark signs or infringement of copying of counterfeit registered trademarks shall be confiscated and destroyed in accordance with the law.

The above items need to be used as evidence of civil and administrative cases. Applying by the right holder may be destroyed after the end of the civil and administrative cases or adopting sampling and photography.

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Huangpu Fa Guangzhou Daily · Xinhuacheng Editor: Long Chengliu

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