Sentenced in Shanghai for the case of counterfeiting Dyson hair dryer: all 35 defendants were sentenced and fined over 10 million
China News Online, July 28 (Li Shuzheng and Chen Weifeng) In the face of the Dyson hair dryer with a market price of 2,990 yuan (RMB, the same below), a group of counterfeiters hired professional and technical personnel to disassemble and analyze, develop their own production lines, and set up a special The counterfeit manufacturing, wholesale and retail chains, counterfeit products have been sold to many provinces and cities in China in a short time.
The People's Court of Shanghai Pudong New Area (hereinafter referred to as Shanghai Pudong Court) made a first-instance judgment on the crime of counterfeiting registered trademarks on the 28th of the main offenders and key defendants of the series of cases. The court sentenced the principal offender Fang to six years imprisonment and fined 5 million yuan for the crime of counterfeiting registered trademarks; and sentenced the principal offender Xie to five years imprisonment and fined 1.6 million yuan.
The court stated that, with the exception of one case still being heard, a series of cases called Dyson's "First Anti-Counterfeiting Case" in China has basically been concluded, and 35 defendants have been severely punished by the law. Judging from the cases that have been sentenced, from the actual controller, legal representative, to production supervisors, technical and sales managers, to purchasing and warehousing management personnel...35 defendants in this counterfeiting group have been convicted. Penalties and fines, ranging from six years to one year and six months, with a total fine of 10.08 million yuan.
The Shanghai Pudong Court found that, on April 8, 2018, Fang and Xie established Dimesil Electronic Commercial Bank in Longgang District, Shenzhen (hereinafter referred to as Dimesil Commercial Bank), the actual controller of the company is Fang, the legal representative Xie is responsible for general affairs according to Fang's requirements. In May 2018, Huang joined Dimesio Commercial Bank and was responsible for the storage and management of counterfeit raw materials. The firm has successively opened factories in Shenzhen, Huizhou and other places, employing more than 30 workers, purchasing raw materials and accessories from others, and organizing workers to produce hair dryers with counterfeit "dyson" trademarks in an assembly line. The product models are divided into European version, American version, and Australian version. The version, the English version and the corresponding multiple colors, etc., are then sold to the next family through online channels by Yang. The external price is about 700 yuan per hair dryer.
The court held that the four defendants used the same trademark on the same product without the permission of the registered trademark owner. The circumstances were particularly serious, and their actions constituted the crime of counterfeiting the registered trademark. As of the incident, the above-mentioned four defendants had participated in the production and sales of more than 19,000 hair dryers with counterfeit registered trademarks of "dyson" involved in the case, and the sales amount reached more than 13.5 million yuan, all of which were particularly serious. The Dyson brand hair dryer is well-known in the market, and the hair dryer is a small household electrical appliance that is often used in daily life. The actions of the 4 defendants not only seriously infringed the trademark rights of the trademark owner and the rights of consumers, but also may Due to the hidden quality hazards of counterfeit hair dryers causing personal injury or property damage to the ultimate consumer, their behavior has greater social harm, and the subjective viciousness of each defendant’s crime is relatively large, and the punishment should not be mitigated or suspended.
Ni Hongxia, the deputy chief of the Intellectual Property Division of Shanghai Pudong Court and the presiding judge of the case, said that in recent years, with the development of economy and technology, driven by high profits, some criminals have formed an industrial chain in the manufacture and sale of fakes. The targets of counterfeiting involve well-known cosmetics, clothing, small household appliances, wine and other fields. The Shanghai Pudong Court has continuously increased its punishment for criminal infringement and counterfeiting, strengthened judicial protection of intellectual property rights, equally protected the legal rights of Chinese and foreign trademark owners, and strived to escort the construction of a first-class business environment.
After the verdict was over, Guo Lang, president of Dyson's Greater China Region, said that counterfeit goods not only severely disrupted the company’s normal operations, but also infringed on the legitimate rights and interests of consumers. The Shanghai Pudong Court’s verdict demonstrated Shanghai’s efforts to combat illegal and criminal activities. A high-quality legalized business environment has also boosted the company's confidence in continuing to provide consumers with quality products. (Finish)