According to information released January 9, 2024 by the Shanghai Pudong Procuratorate (浦东检察 ), three criminal defendants were sentenced to up to 4.5 years in prison with a 5.5 million RMB fine for selling 830,000 pieces of counterfeit Disney clothing with a sales amount was more than 17 million RMB. This follows a previous criminal case in Shanghai for selling counterfeit Disney plush tolls and multiple Customs cases featuring counterfeit Disney products. The Shanghai Disneyland Resort is 57% owned by …
Category: Trademarks
New Balance Scores 30 Million RMB in TM Infringement Case at China’s Supreme People’s Court
In a decision dated September 26, 2023, China’s Supreme People’s Court (SPC) affirmed a decision for trademark infringement and unfair competition against Jiangxi New Balance Leading Sporting Goods Co., Ltd. (与上诉人江西新百伦领跑体育用品有限公司) and Guangzhou New Balance Leading Shoes Co., Ltd. (广州新百伦领跑鞋业有限公司). The SPC calculated damages as 29.04 million RMB and 1 million RMB for attorney and related fees.
China’s National People’s Congress Releases Translation of Criminal Law Including IP Provisions
China’s National People’s Congress has recently released a translation of China’s Criminal Law, which includes many Intellectual Property provisions. The Criminal Law was most recently amended at 24th Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 26, 2020 and went into force on March 1, 2021. The amendments increase the maximum sentencing term for IP crimes and also add a new article somewhat similar to the US’ Economic Espionage Act potentially in effect if not …
4.5-Year Prison Sentence in Shanghai for Counterfeiting of Anchor Butter
On October 24, 2023, the Shanghai Jinshan Primary People’s Court announced the sentencing of Wang XX to 4.5 years in prison and a 2 million RMB fine for the crime of counterfeiting registered trademarks for Anchor and Fonterra after a year on the run. A co-defendant Wang YY received a suspended sentence. Over several years they sold about 8 million RMB of butter and other dairy products bearing counterfeited trademarks.