Recently, the police have cracked the case of producing and selling fake famous clothing, causing concern. An online store with millions of fans sells goods through live streaming in the name of "label cutting", "big brand tail goods" and "fractured price". Many well-known brands in the store are sold at ultra-low prices, but the goods are fake goods disguised as genuine known brand goods.

Review of the case

Step1. A gang led by Tian who grasped the psychology that consumers want to buy popular brand clothing at a low price. Whenever there was a new release of popular brand, they would buy the authentic brand clothing at the first time for carefully making the fake model imitation, and then returned the authentic clothing to merchants through no reason to refund.

Step2. When the imitative sample clothing was given to the clothing processor, it was entrusted to be processed to the state of semi-finished products, and then the printing factory was contacted to print the imitated signs and patterns which would be processed into the imitation with the fake trademarks, from which the fake brand garments are produced to hardly distinct by the consumers. 

Step3. Then they took advantage of the public account of online social platforms or through the network platforms to publish some clothing advertising pictures which were accompanied with the time and content of live broadcasting every now and then. By these means, the consumers would be attracted with the so-called "tail order" in the open live broadcast room.

    The other day, in view of the case, the procuratorate has been suspected of selling counterfeit registered trademark goods crime, counterfeit registered trademark crime and illegal manufacturing, sales of illegally manufactured registered trademark logo crime, respectively, 14 defendants were prosecuted.

【 Crime of selling goods with counterfeit registered trademarks 】

Article 214 of the Criminal Law of the People's Republic of China, whoever sells commodities he knows are counterfeit registered trademarks, if the amount of illegal gains is relatively large, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal gains is huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

【 Crime of counterfeiting registered trademark 】

Article 213 of the Criminal Law of the People's Republic of China Whoever, without the permission of the owner of the registered trademark, uses in respect of the same kind of goods or services a trademark identical with its registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

【 Crime of illegally manufacturing and selling illegally manufactured registered trademark marks 】

Article 215 of the Criminal Law of the People's Republic of China stipulates that whoever forges or without authorization manufactures the marks of another person's registered trademark or sells such marks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

It should be integrity firstly in commercial operation. Doing the operation of online stores have to pay a great attention to filtering and checking in previous selection of goods, putting goods on shelves, selling, after-sales service all links. If there is a question about the sale price of goods, should be in line with the attitude not to choose, to minimize the risk of operating. In addition, a compliance risk control process is recommended to ensure that the goods sold to consumers are genuine and of guaranteed quality, while avoiding possible civil, administrative or criminal liability arising from the sale of counterfeit goods.