After being prosecuted by the People's Procuratorate of Yuhui District, Bengbu City, a case of illegally producing and selling a large number of wheat bran and soybean meal with fake registered trademarks in a small workshop without the permission of the owner of the registered trademark was announced in the first instance recently, and three defendants, including Li, were sentenced to corresponding penalties.
From May 2022 to February 2023, the defendant, Mr. Li, without the permission of the owners of eight types of registered trademarks, such as "Jinsha River" and "Wudeli", purchased raw materials such as bran and soybean meal, rented the freight yards of Mr. Li and Mr. Yao, hired workers to produce wheat bran and soybean meal with fake registered trademarks, and then sold them to others at a premium of more than 7 million yuan, The profit was more than 400000 yuan. The defendants, Mr. Li B and Mr. Li C, who knew that Mr. Li produced bran and soybean meal with fake registered trademarks, still participated in Mr. Li's criminal activities and carried out such acts as contacting customers, receiving orders, and collecting payment for goods. Mr. Li B earned more than 30000 yuan from them, and Mr. Li C earned more than 50000 yuan from them.
From February 21, 2023 to September 20, 2023, nine companies including Hebei Jinsha River Surface Industry Group identified that the wheat bran and soybean meal of "Jinsha River", "Wudeli" and other brands involved in the case were counterfeit products that infringed the trademark exclusive rights of relevant companies.
On October 31 last year, the People's Procuratorate of Yuhui District filed a public prosecution to the court of Yuhui District with three people, including Li, suspected of counterfeiting registered trademarks. On January 14, 2024, the court of Yuhui District, after hearing according to law, found that three defendants, including Li, committed the crime of counterfeiting registered trademarks, sentenced Li to five years' imprisonment and a fine of 400000 yuan. Li B and Li C were also punished accordingly.
In the process of handling the case, the procuratorial organ strengthened cooperation with the public security organ, guided the investigation organ to fix and analyze the account book, electronic data and other key evidence in a timely manner, focused on the production and sales links, actively guided the public security organ to find out the source of the production of counterfeit feed packaging bags, and verified the relevant information of offline sellers, We successfully prosecuted more than 10 offline salesmen and logo suppliers, and through the clues obtained from the logo suppliers, we solved 4 similar cases in the region, achieving a full chain attack.
In addition, the procuratorial organ also earnestly promoted the comprehensive performance of intellectual property protection, carried out "four investigations in one case" and "four evaluations in one case", and simultaneously reviewed whether administrative violations, criminal prosecution, civil accountability, and public interest litigation clues were involved. After examination, the procuratorial organ found that the production and sale of counterfeit registered trademark feed were common in the area under its jurisdiction, and the chaos had existed for a long time, so it made and issued administrative supervision and duty performance procuratorial suggestions to functional departments, and administrative public interest litigation procuratorial suggestions to local town governments. It was suggested that the above departments should establish a sound feed industry supervision and management system, strengthen the supervision and management of production Supervision on the sale of fake and shoddy feed, actively promote the integrity construction of feed enterprises, and increase the publicity of law popularization. After receiving the procuratorial advice, the above departments actively carried out special rectification activities, practically strengthened industry governance, standardized the operation order of the feed industry in the region, and achieved good legal and social effects.