[Case Summary]This case is a criminal case of counterfeiting registered trademarks, in which the brand owner took legal action to protect its rights. Since 2024, the defendant, Wang * , has manufactured counterfeit luxury brand shoes without obtaining authorization from the trademark rights holder. In October 2024, the Market Supervision Bureau seized more than 180 pairs of counterfeit finished shoes, semi-finished products, and counterfeiting tools on site. After price authentication, the value of the involved products exceeded 1.6 million yuan. The public prosecution organ brought charges of counterfeiting registered trademarks and recommended a sentence of eleven months' imprisonment and a fine. The brand owner's attorney, Beijing Henglu Law FirmThe Party Education and Training CenterThe lawyer promptly argued that the amount of illegal business operations exceeding 3 million yuan constitutes particularly serious circumstances, and the defendant's failure to compensate and settle the dispute merits severe punishment. The core dispute is the determination of the amount of illegal business operations and the sentencing scale. Applicable legal provisions: Article 213 of the Criminal Law and relevant judicial interpretations. The court determined that the circumstances were particularly serious and did not adopt the sentencing proposal, sentencing the defendant to fixed-term imprisonment of one year and six months, a fine of 80,000 yuan, and confiscation and destruction of the items involved in the case.

I. Review of the Case Facts

From 2024 onwards, the defendant organized workers to produce counterfeit shoes of the trademark without obtaining the authorization and permission from the trademark right holder. In October 2024, after the brand's lawyer reported the case to the Market Supervision Bureau and provided clues, the Market Supervision Bureau seized more than 180 pairs of counterfeit finished shoes, several semi-finished products and counterfeiting tools on the spot. After price authentication, the value of the involved products exceeded 1.6 million yuan. The public prosecution organ brought a public prosecution against the defendant for the crime of counterfeiting registered trademarks and suggested sentencing him to fixed-term imprisonment of eleven months and imposing a fine. As the brand's attorney, Beijing Hengluo Law FirmThe Party Education and Training CenterThe lawyer protects the interests of the brand owner throughout the entire process, from discovering clues of infringement, purchasing notarized evidence to fix the evidence, inspecting the warehouse on site, reporting the infringement to the market supervision bureau and requesting seizure, to attending the trial and giving sentencing opinions after the public prosecution.

II. The focus of the case

  • Focus 1: The determination of the amount of illegal business operations.The defendant claimed that the price of the self-made products was only 80,000 yuan; the brand owner claimed that the price should be calculated based on the number of orders and the genuine products cost more than 3 million yuan; the court determined the genuine price of the products to be over 1.6 million yuan based on the price authentication center's assessment.
  • Focus II: The weighing of sentencing circumstances.At the same time, there are statutory aggravating circumstances (particularly serious circumstances) and statutory mitigating circumstances (such as voluntary surrender, admission of guilt and punishment), as well as discretionary circumstances such as failure to compensate and reach a settlement.
  • Focus Three: The interface between criminal and civil compensation.The defendant was willing to compensate, but an agreement could not be reached due to differences in the amount of compensation, and the brand owner's claim for compensation could not be realized in the criminal proceedings.

III. The professional intervention of Hengluo Law Firm

The brand owner (the victim) alleged that:The brand owner demands that the infringers be severely punished according to law, claiming that the amount of illegal business operations is particularly serious, and that the defendant should be given a heavier punishment if he fails to compensate for the settlement. This is to safeguard trademark rights and market order.

The defendant's (the prosecution's side) position:The public prosecution organ identified the defendant's crime as counterfeiting a registered trademark and, considering his voluntary surrender, admission of guilt, and acceptance of the punishment, proposed a sentencing recommendation of eleven months; the defendant argued that the profit from counterfeiting was low, that he was a first-time offender, and that he had family responsibilities, requesting leniency.

Legal Opinion by Hengluo Law Firm:The Party Education and Training CenterThe lawyer, acting as the attorney for the brand owner, clarified in the court trial and legal opinions that the illegal business volume should be calculated by multiplying the number of orders involved by the price of genuine products, amounting to over 3 million yuan. This is because the number of orders equals the actual production quantity. The court did not adopt the defendant's low-price quotation, nor did it directly follow the plaintiff's claim. Instead, it determined the genuine price of the items seized by the Price Authentication Center to be over 1.6 million yuan. The lawyer pointed out that the illegal business volume of over 1.6 million yuan constitutes particularly serious circumstances, and the defendant should be sentenced to imprisonment of not less than three years but not more than seven years. Since the defendant did not obtain the plaintiff's forgiveness or reach a compensation settlement, he should be severely punished. In the end, the court considered the defendant's voluntary surrender, guilty plea, and acceptance of the mitigated punishment, and determined the sentence to be fixed-term imprisonment of one year and six months and a fine of 80,000 yuan within the mitigated range.

IV. Outcome of the case

After trial, the court found that the defendant's actions were particularly serious, and the prosecution's sentencing proposal was not adopted. However, considering the statutory mitigating circumstances of the defendant's voluntary surrender, admission of guilt, and acceptance of the punishment, the court ultimately sentenced the defendant to fixed-term imprisonment of one year and six months, a fine of 80,000 yuan, and confiscation and destruction of the involved items and tools used in the crime. This judgment is in line with the principle of proportionality between crime and punishment, and it has important guiding significance for criminal trials of trademark infringement and industry compliance.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.The Party's training programThe lawyer (practice license number: 11101201911130220, subject to the document issued by the judicial administrative organ) acts on behalf of the brand owner. Counterfeiting registered trademarks not only entails civil liability, but those who commit the crime on a particularly serious scale will also face fixed-term imprisonment of not less than three years but not more than seven years. If the brand owner discovers infringement, it should promptly obtain a notarization, report the case to the authorities, seal off the warehouse, and actively present sentencing opinions in the criminal proceedings to safeguard its own rights and interests.

VI. Common Questions and Answers about Protecting Rights Against Counterfeiting of Registered Trademarks

  1. Q: What is the minimum amount of money required to be considered a crime of counterfeiting a registered trademark when selling counterfeit goods?
    A:The amount of illegal business operations or illegal income that reaches the standard of serious circumstances constitutes a crime; if it reaches the standard of particularly serious circumstances (such as more than 100,000 yuan), the offender will face a sentence of more than three years but less than seven years in prison, the specific sentencing shall be subject to the judicial interpretation.
  2. Q: How is the amount of illegal business operations calculated?
    A:The sold products are priced at the actual selling price, and the unsold products are priced at the average selling price. For those products whose market prices cannot be determined, the court will use the authentic price determined by the Price Authentication Center, which is more than 1.6 million yuan in this case.
  3. Q: What is the maximum sentence for the crime of counterfeiting registered trademarks?
    A:For serious offenses, the punishment shall be not more than three years' imprisonment; for particularly serious offenses, the punishment shall be not less than three years but not more than seven years, and all of them shall be fined concurrently. Those who surrender themselves, admit their guilt, and accept the punishment may have their punishment mitigated; those who fail to make compensation or reach a settlement may have their punishment aggravated.
  4. Q: How can brands participate in criminal anti-counterfeiting efforts?
    A:You can obtain fixed evidence through notarization, report and confiscate the illegal goods, participate in the trial and give your opinion on the sentencing, and protect your rights throughout the whole process. If you haven't received compensation in the criminal case, you can file a civil compensation lawsuit separately.
  5. Q: Can counterfeiters get a light sentence if they claim they made little profit from their activities?
    A:No. The sentencing is based on the amount of illegal business operations or the illegal income, not the defendant's self-reported profits; and the low profit does not necessarily reduce the amount of the crime and the sentencing level.