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Case Concerning a Factory Producing Counterfeit Shoes in Jinjiang (Infringer: Zhuo)
 

Case Brief
In June, 2013, Mr. Zhuo, together with Ms, Jin, produced canvas shoes counterfeiting a world-wide known sports brand in a factory in Jinjiang City, Fujian Province. 600 pairs of canvas shoes were seized when they transferred the goods on a country road of a village; and 2,660 pairs of sports shoes were seized in the premises. Mr. Zhuo was later out on bail in July, 2013. During the bail period, Mr. Zhuo attempted to continue production and transferred the rest counterfeit shoes. He was then raided by PSB in Sep, 2013, with the seizure amount of 8,000 pairs of counterfeit canvas shoes. 

Harvesting’s Action
After being entrusted by client, Harvesting immediately assigned a professional team to work out a plan, actively protecting client’s interest. Below is part of Harvesting’s actions:

1. Assigned investigators to make on-spot investigation and conduct surveillance over the target;

2. Filed complaint to PSB, and organized officers to raid against the target’s counterfeiting exclusive trademark right of brand company;

3. Assisted PSB officers in seizing the infringing products on the spot and collecting evidences such as orders and delivery notes;

4. After the case was transferred to Procuratorate, Harvesting immediately assigned staff to review and copy the case files, and then conducted meticulous reading and analysis of case files, during which we found out related factories and foreign Taiwan-invested enterprise (both were registered) involved in the case. Such information was beneficial to the subsequent civil litigation and compensation claiming; 5. Upon the forged “Authorization Document” found during file review, Harvesting collected relevant evidences from the victim in time, and submitted evidence material to Procuratorate, explaining the forgery of “Authorization Document”; 6. Assigned professional lawyer to put forward independent Lawyer’s Opinion, pointing out that the defendant committed a second crime when on bail, so probation could not be applied.  


Judgment

1. Ms. Jin, who committed crime of counterfeiting registered trademarks, was sentenced to imprisonment of four years;

2. Mr. Zhuo, who committed crime of counterfeiting registered trademarks, was sentenced to imprisonment of two years. 
 

Summary
The two defendants continued to conduct crime when on bail after they were caught by PSB, and even attempted to forge “Authorization Document” from trademark owner’s authorized factory. All these had fully indicated the “super professional qualification” of professional counterfeit manufacturers and their rampancy. If the agent ad litem did not intervene in time, the defendant may rid of the punishment by the forged “Authorization Document”, and be acquitted in the end.  In this case, the crime of the defendants was found out with Harvesting’s continuous efforts. Harvesting reported to the victim in time, submitted the important material to Procuratorate, and managed to achieve a most favorable result for the victim.

The two defendants were not put under probation in the first instance, and they both raised appeal. The second instance, which was also the final instance, dismissed the appeal, and maintained the original judgment.

 


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