Using counterfeit ＂Epson”“Canon＂ Canon ＂printer ink as inferior quality, the court ruled!

　　Printing is an important advantage industry in Loudi, Hunan.

　　Some lawless elements are also eyeing this place.

　　Producing and selling counterfeit brand printer ink,

　　This time,

　　The court shot!

　　Basic facts

　　In the second half of 2020, Wang Moumou, a man, met Ge Moumou (handled separately), who produced printer ink, at a printing industry exchange meeting, and learned that the purchase price of "Epson”“Canon" Canon "brand inks produced by the other party was only from 5.5 yuan to 9 yuan. Wang Moumou judged that such products were inks with counterfeit registered trademarks.

　　However, knowing that the ink was a counterfeit registered trademark of "Epson”“Canon" CANON ",Wang bought it from Ge Moumou, claiming it was" factory stock "and then sold it at the price of one from 8 yuan to 16 yuan.

　　Through WeChat, Wang's customers are not only all over the country, but also foreign businessmen. In order to be "bigger and stronger", he brought his girlfriend Han Moumou (handled separately) in and was responsible for the delivery from the warehouse in Cixi, Zhejiang.

　　On May 31, 2022, the Market Supervision Administration of Cixi City, Zhejiang Province seized more than 7,000 unsold printer inks with "Epson”“Canon" Canon "brands at a warehouse site, and all of them were identified as counterfeit registered trademarks. The public security organs followed suit, and Wang was arrested and brought to justice in August.

　　After investigation, Wang's sales of printer ink with counterfeit registered trademarks totaled 459,200 yuan, with an illegal profit of 122,000 yuan.

　　court decision

　　The Shuangfeng County People's Court held through trial that the defendant, Wang Moumou, conspired with others to sell goods that he knew were counterfeit registered trademarks, and his behavior constituted the crime of selling goods with counterfeit registered trademarks. This case is a joint crime, and the defendant, Wang Moumou, has a positive and active behavior and plays a major role. As the principal offender, he should be punished according to all the crimes he participated in; Have a criminal record, can be given a heavier punishment as appropriate. The illegal income shall be recovered.

　　In the end, the court ruled that the defendant Wang was guilty of selling goods with counterfeit registered trademarks, sentenced to four years in prison and fined RMB 150,000. Recover the illegal income of RMB 122,000 and turn it over to the state treasury.

　　From the assembly and maintenance of office equipment and office consumables to typing and copying, graphic production, technical consultation and personnel training, the whole industrial chain of text printing has been formed. Counterfeit ink produced by small workshops, using well-known manufacturers' trademarks, is sold in the market at a low price, but it cannot guarantee the ink technology, let alone the printing effect. Moreover, counterfeit ink is easy to damage the printer, leading to serious failures such as nozzle blockage, so the manufacturer does not provide free warranty service for the equipment damage caused by it.

　　The production and sale of fake consumables not only infringe the intellectual property rights of trademark ownership companies, but also seriously disrupt the normal market order, and even discredit Loudi printing industry. The people's court will not tolerate such acts of making and selling fake goods and shaking the foundation of the development of the printing industry, and found that they were severely punished together, forming a legal shock and escorting the healthy development of the printing industry.

　　Law link

　　Criminal Code of People's Republic of China (PRC)

　　Article 214 Whoever sells goods that are knowingly counterfeit registered trademarks, and the illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

　　Article 64 All property illegally obtained by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal belongings used for committing crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.

　　Source: Shuangfeng County People's Court

　　Author: Hu Duanmei Wang Chi Editor: Li Yuan