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A Shop In Danzhou Has Been Licensed To Sell A Number Of Problems.

2014/11/18 19:18:00 37

DanzhouUnlicensed BusinessClothing

   Industry and Commerce received reports to quickly detect "problems" clothing

At 10 a.m. on October 27th, the Danzhou Municipal Bureau of industry and Commerce received reports that there was a clothing suspected of selling the exclusive right to register the trademark of "woodpecker" in the Bayi general area of Danzhou City, hoping to be investigated. After receiving the report, the main leaders of the Bureau attached great importance to the task force and quickly set up a task force to designate deputy director Wu Zhenggen as head of the project team.

At 11 a.m. that day, the law enforcement officers of the industry and Commerce Bureau rushed to the Bayi general stadium. According to investigation, shop No. nine, No. twenty-eight, North Road, Bayi General Court, Danzhou, is a clothing store specializing in "woodpecker". The law enforcement officers of the industry and Commerce Bureau showed their identity documents on the spot and asked to inspect the shop.

In the face of law enforcement officers' inspection, the operator immediately concerned about the intention to close the shop and said to the law enforcement officers of the industry and commerce, "business is bad today, no business, please leave." Faced with such a situation, business law enforcement officers immediately noticed that the shop must have a trick and asked the operator to cooperate with the inspection.

After a comprehensive inspection, the law enforcement officers of the industry and Commerce discovered that the shop did not suspend its business license, and there was a large number of clothing marked "woodpecker" trademark in the store, and no legal procedures could be provided at the scene.

As a result, the law enforcement officers of the industry and Commerce believed that the store was suspected of trademark infringement and immediately sealed the clothing in the store, and conducted on-site investigations and inquiries on the operators according to the procedures. After investigation and enquiry, the law enforcement officers believed that the shop was indeed suspected of trademark infringement. After having been approved by the leadership of the Bureau, they immediately decided to file a case investigation.

   1357 pieces of goods involved Amount involved 470 thousand

According to the investigation, Wei Moumou was engaged in clothing sales activities in nine shops of twenty-eight North Road, Bayi Grand Court, without obtaining the business license. In the course of the operation, the parties will hang or seal the "woodpecker" graphic trademark logo and "PLOVER" English trademark logo for sale in 5 kinds of garments, including short sleeved T-shirts, jacket jackets, shorts, long gowns and trousers, which are purchased from Haikou. Among them, 168 are short sleeved T-shirts, 60885 yuan for the tag, 64 for jackets, 38359 yuan for the tag, 145 for shorts, 41634 yuan for the tag, 99 for long clothes, 40196 yuan for the tag, 881 for trousers, and 295673 yuan for the tag. The total number of goods involved is 1357, and the total price of goods involved is 476747 yuan.

It was also found that there were 34859 pieces of clothing accessories, marked with "woodpecker" graphic logo and "PLOVER" English trademark, in the business premises of the parties. All kinds of clothing and accessories are counterfeit goods.

   Suspected infringement of registered trademark Exclusive right

According to reports, the case is suspected of violating the exclusive rights of "woodpecker" registered trademark. During the inspection process, the law enforcement officers found that the crime scene was located at the central location of Bayi General Court in Danzhou, with complex traffic conditions, large flow of people and large traffic volume. The scene was surrounded by more personnel and angry people, and the parties were outsiders. In order to ensure the personal safety of the parties and maintain the normal order of the law enforcement inspection, the industrial and commercial bureau promptly contacted the Danzhou Public Security Bureau, and asked the public security department to intervene in advance to stabilize the scene. With the help of the public security departments, the law enforcement officers of industry and Commerce have carried out on-site inspection rapidly, produced on-site transcripts, collected documentary evidence, and seized the goods involved.

In view of the complexity of the environment involved, the large number of goods and the wide scope of the impact and the large value of the case, the Danzhou special administrative group of industry and Commerce has adopted the measures of "large group operations, small team assault and quick decision" in the process of law enforcement.

According to the facts identified, according to the provisions of item 1 (fifty-seventh) of the trademark law, the industry and Commerce Bureau determines that the parties' actions are "without the permission of the trademark registrant, and the same right of use of the registered trademark is used on the same commodity".

In view of the huge amount of money involved in the case and exceeding the minimum standard of the traceability standard set by the Ministry of public security of the Supreme People's Procuratorate on the standard of prosecution for economic crimes, it is suspected to constitute a crime. It is necessary to investigate the criminal liability according to law. According to the twenty-second provision of the administrative punishment law of Danzhou and the third provision of the administrative law enforcement agency for transferring suspected criminal cases, the People's Republic of China Municipal Bureau of public security has handed over the case to the Danzhou Municipal Public Security Bureau for investigation according to law.


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