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On April 26, the third branch of the Shanghai People’s Procuratorate prosecuted the production and sale of foodmate.
net/tag_4653.
html" class="zdbq" title="Counterfeit related food information" target="_blank">counterfeit brand foodmate.
net/tag_346.
html" class="zdbq" title="Condiment related food information" target="_blank">condiments such as “ foodmate.
net/tag_1804.
html" class="zdbq" title="Totole related food information" target="_blank">Totole ” and “Jia Le” .
The trial was held in Shanghai No.
3 Intermediate People’s Court.
foodmate.
net/tag_346.
html" class="zdbq" title="Condiment related food information" target="_blank">
net/tag_4653.
html" class="zdbq" title="Counterfeit related food information" target="_blank">counterfeit brand foodmate.
net/tag_346.
html" class="zdbq" title="Condiment related food information" target="_blank">condiments such as “ foodmate.
net/tag_1804.
html" class="zdbq" title="Totole related food information" target="_blank">Totole ” and “Jia Le” .
The trial was held in Shanghai No.
3 Intermediate People’s Court.
foodmate.
net/tag_346.
html" class="zdbq" title="Condiment related food information" target="_blank">
Basic case
From August 2018 to August 2020, the defendant Wang purchased miscellaneous condiment ingredients and packaging materials that counterfeit the registered trademark of "Totole" without the permission of the right holder of the registered trademark of "Totole", and cooperated with You (to be handled in another case) In a place in Chaoyang District, Beijing, counterfeit "Totole" chicken essence and "Totole" Xianweibao seasonings were filled and sold to Chen, who runs a Taobao shop (a separate case was dealt with).
During the period, Wang also sold counterfeit "Knorr" chicken essence, "Knorr" chicken sauce seasonings, "Meggi" umami sauce, "Baihua" honey and other commodities purchased from other sources to Chen, and some of them will be waiting.
The counterfeit goods are stored in an underground warehouse in Beijing.
During the period, Wang also sold counterfeit "Knorr" chicken essence, "Knorr" chicken sauce seasonings, "Meggi" umami sauce, "Baihua" honey and other commodities purchased from other sources to Chen, and some of them will be waiting.
The counterfeit goods are stored in an underground warehouse in Beijing.
On August 20, 2020, the public security organs arrested the defendant Wang at his residence, and seized a large number of counterfeit goods with registered trademarks such as "Toto Le", "Jia Le", and "Bai Hua" from the above leased land and underground warehouses, as well as counterfeit "Mrs.
Le" chicken essence packaging bags and other items.
Le" chicken essence packaging bags and other items.
Upon audit, Mr.
Wang sold counterfeit "Totole" chicken essence and "Totole" Xianweibao seasoning for more than RMB 139,000.
The seized counterfeit "Totole" chicken essence and "Totole" Xianweibao seasoning was worth 2000 For more than RMB, the counterfeit "Knorr" Chicken Essence, "Knorr" Chicken Sauce, "Magi" Umami Sauce, "Baihua" Honey and other commodities that have been sold amounted to more than 19,000 yuan.
After identification by the trademark owner, the above-mentioned products with the trademarks of "Toto Le", "Jia Le", "Magi" and "Baihua" are all counterfeit registered trademarks.
Wang sold counterfeit "Totole" chicken essence and "Totole" Xianweibao seasoning for more than RMB 139,000.
The seized counterfeit "Totole" chicken essence and "Totole" Xianweibao seasoning was worth 2000 For more than RMB, the counterfeit "Knorr" Chicken Essence, "Knorr" Chicken Sauce, "Magi" Umami Sauce, "Baihua" Honey and other commodities that have been sold amounted to more than 19,000 yuan.
After identification by the trademark owner, the above-mentioned products with the trademarks of "Toto Le", "Jia Le", "Magi" and "Baihua" are all counterfeit registered trademarks.
After the defendant Wang arrived at the case, he truthfully confessed the above facts.
On March 5, 2021, the third court prosecuted the case to the third middle court.
On March 5, 2021, the third court prosecuted the case to the third middle court.
Case handling
The third court held that the defendant Wang and others used the same trademark as the registered trademark on the same product without the permission of the registered trademark owner, and sold it to the outside world.
The circumstances were serious and his behavior violated the Second Criminal Law of the People’s Republic of China.
Article 113, Paragraph 1 of Article 25, the facts of the crime are clear, the evidence is reliable and sufficient, and the criminal responsibility should be investigated for the crime of counterfeiting a registered trademark.
The circumstances were serious and his behavior violated the Second Criminal Law of the People’s Republic of China.
Article 113, Paragraph 1 of Article 25, the facts of the crime are clear, the evidence is reliable and sufficient, and the criminal responsibility should be investigated for the crime of counterfeiting a registered trademark.
The defendant Wang pleaded guilty and pleaded guilty.
According to Article 15 of the Criminal Procedure Law of the People's Republic of China, he can be punished with leniency.
The defendant Wang played a major role in the joint crime and was the principal perpetrator according to the first and fourth paragraphs of Article 26 of the Criminal Law of the People’s Republic of China.
The defendant Wang, who confessed his crimes truthfully after arriving at the case, was a confession according to the third paragraph of Article 67 of the Criminal Law of the People's Republic of China and can be given a lighter punishment.
According to Article 15 of the Criminal Procedure Law of the People's Republic of China, he can be punished with leniency.
The defendant Wang played a major role in the joint crime and was the principal perpetrator according to the first and fourth paragraphs of Article 26 of the Criminal Law of the People’s Republic of China.
The defendant Wang, who confessed his crimes truthfully after arriving at the case, was a confession according to the third paragraph of Article 67 of the Criminal Law of the People's Republic of China and can be given a lighter punishment.
After the trial, the court adopted all the criminal facts and sentencing suggestions charged by the third division, and sentenced Wang to one-year imprisonment for the crime of counterfeiting registered trademarks and a fine of 80,000 yuan.
The prosecutor said
This case is one of a series of cases of counterfeit chicken essence, chicken sauce and other seasonings.
Shanghai procuratorial organs have coordinated from top to bottom to wipe out the entire industrial chain of manufacturing counterfeit packaging materials, filling counterfeit condiments, and selling counterfeit condiments to prevent counterfeit condiments from continuing to flow into the market and threaten food safety.
Shanghai procuratorial organs have coordinated from top to bottom to wipe out the entire industrial chain of manufacturing counterfeit packaging materials, filling counterfeit condiments, and selling counterfeit condiments to prevent counterfeit condiments from continuing to flow into the market and threaten food safety.
Condiments such as chicken essence, chicken sauce, and soy sauce are indispensable basic daily necessities for thousands of households.
However, there are some criminals who are obsessed with wealth and use shoddy goods to get the idea of these humble condiments.
They use cheap raw materials to prepare counterfeit condiments, which endangers the safety of people’s tongues.
The prosecutor here reminds consumers that when choosing condiments, please choose regular merchants.
Don’t be greedy for cheap products and buy products that are significantly lower than the market price; they also remind catering operators that purchasing raw materials must go through formal channels and do not save temporary operating costs.
, But lost the trust of consumers, and even caused unnecessary legal disputes.
However, there are some criminals who are obsessed with wealth and use shoddy goods to get the idea of these humble condiments.
They use cheap raw materials to prepare counterfeit condiments, which endangers the safety of people’s tongues.
The prosecutor here reminds consumers that when choosing condiments, please choose regular merchants.
Don’t be greedy for cheap products and buy products that are significantly lower than the market price; they also remind catering operators that purchasing raw materials must go through formal channels and do not save temporary operating costs.
, But lost the trust of consumers, and even caused unnecessary legal disputes.
