Famous liquor sells well and the price is high. I just used inferior liquor of the same type to pass it off as good. I thought I might be fined a little, but I didn't expect to be sentenced to three years in prison, fined 122000 yuan, and implicated my father. This lesson is too profound. "Recently, when receiving the criminal judgment from Suiping County People's Court in Henan Province, Hu regretted his actions. Seeing that sauce flavored liquor was selling well, at the end of 2022, Hu purchased bottles, packaging boxes, and packaging boxes of a certain brand of high-end sauce flavored liquor from others, and then bought low-grade liquor of the same type to steal the opportunity, processing it into counterfeit liquor for online sales. His father, Hu Moubing, assisted him in packaging, shipping and other work. On January 5, 2024, the public security organs arrested Hu at a certain express delivery service point, seized 12 pieces of a certain brand of wine on site, and then seized 13 pieces of counterfeit famous wine bottles, packaging boxes and other packaging materials from his home. After investigation, it was found that Hu illegally operated a total of 242523.6 yuan. After appraisal, all the seized branded liquor was counterfeit. The prosecution alleges that the defendants Hu and Hu, in collusion with others, used the same trademark as the registered trademark on the same goods without the permission of the registered trademark owner. The circumstances are particularly serious, and they should be held criminally responsible for the crime of counterfeiting the registered trademark. This case is a joint crime. During the process of joint crime, the defendant Hu was the principal offender and the defendant Hu Bing was an accomplice. It is determined that both of them have a mitigating circumstance of pleading guilty and accepting punishment. The court held that both Hu and Hu soldiers were able to truthfully confess their crimes after their appearance, which is a confession and can be given a lighter punishment according to law. Hu and Hu Bing both acknowledge the criminal facts of the charges and are willing to accept punishment, which may be lenient in accordance with the law. According to the criminal facts, circumstances, harmful consequences, and repentance attitude of the two individuals, in accordance with relevant provisions of the Criminal Law, the defendant Hu was sentenced to 3 years in prison and fined 122000 yuan for the crime of counterfeiting registered trademarks, and Hu was sentenced to 6 months in prison and fined 30000 yuan. Confiscate the seized counterfeit registered trademark goods, as well as the raw materials and tools used to manufacture counterfeit registered trademark goods. The manufacture and sale of fake products seriously disrupt the market order. "The registered trademark of well-known Baijiu is an important intellectual property right of the enterprise, an important carrier of the enterprise's product quality, plays a role in identifying the source of goods or services, is the key for enterprises to participate in market competition, and contains huge economic value. ”The presiding judge Li Bing explained. In this case, Mr. Hu and his son bought famous wine bottles, packaging boxes and other packaging materials, processed and produced counterfeit brand Baijiu for external sales, and sold counterfeit products. The circumstances were particularly serious, which not only disturbed the market order, but also damaged the legitimate rights and interests of consumers. Mr. Hu and his son put low-grade Baijiu into high price brand bottles for sale. They used fake liquor to make huge profits, which misled consumers. They spent high prices but finally bought low-quality products. Li Bing said that the infringement of trademark exclusive rights is manifested in the production or manufacture of counterfeit trademarks, as well as the sale of counterfeit trademarks, all of which invariably infringe on the exclusive rights of registered trademarks. Moreover, the sale of goods that are known to be counterfeit trademarks objectively leads to a large number of counterfeit, inferior, and substandard products entering the market, causing an impact on famous and high-quality products and other similar products, making it difficult for consumers to distinguish authenticity, being deceived, and even posing a threat to their physical health and safety, seriously damaging their legitimate interests. Regarding this case, Li Bing said that currently, the criminal law has a very strong crackdown on the production and sale of counterfeit goods. Article 213 of the Criminal Law clearly stipulates that those who use a trademark identical to their registered trademark on the same goods without the permission of the registered trademark owner, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall also be fined or fined separately; If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. In determining the amount of the fine, we determined it to be between 50% and twice the amount of illegal business operations, and ultimately imposed a fine of 122000 yuan on Hu. ”Li Bing said, "Counterfeiting other people's registered trademarks not only infringes the trademark rights and interests of trademark holders, but also seriously damages the rights and interests of consumers, especially food commodities such as Baijiu, which is more harmful to consumers' vital interests." Li Bing reminded consumers to safeguard their legitimate rights and interests in life by the following ways. One is to purchase through official channels. Currently, online sales have gradually become the mainstream way for consumers to shop. Due to the more secretive nature of illegal sales activities in social media and e-commerce platforms, consumers can choose large chain supermarkets and e-commerce flagship platforms to consume and keep their purchase vouchers. The second is to compare product quality from multiple perspectives. Consumers can protect their rights by horizontally comparing the characteristics, performance, and quality of products from different brands or different models of the same brand. If necessary, they can request merchants to provide quality inspection and other proof materials. Thirdly, timely rights protection and claims for after-sales service. If consumers buy counterfeit products, they can first try to negotiate with the operator to resolve the issue, or apply for third-party platforms to intervene and mediate. They can also file a complaint or civil lawsuit with the relevant management department. In cases involving large quantities or amounts, timely reporting to the public security organs is possible. (New Society)