Of course, Haifei silk. Do you believe that the "hairdressing processing" of this hairdressing brand is not feasible for everyone to have such a "hairdressing processing" brand? Let's have a look.

Basic case

After investigation, P & G found that someone in a rental house in a street in the city was producing fake haifeisi shampoo, and reported the case to Huangpu branch of Guangzhou Public Security Bureau on September 21, 2017.

Law enforcement officers arrested Shen at the scene and seized a total of 2592 bottles of fake "haifeisi" shampoo of 8 models and specifications, as well as empty bottles, raw materials, manual Canners and other items of "haifeisi" used for counterfeiting.

On January 16, 2018, the Huangpu District Court made an effective criminal judgment and found that Shen Moumou's production, processing and shipment of shampoo counterfeiting P & G's "P & G", "head & shoulders", "haifeisi" and other registered trademarks constituted the crime of counterfeiting registered trademarks.

The plaintiff paid 168000 yuan of brand protection service fee for this purpose, so he requested to order the defendant Shen to compensate for the losses caused by his infringement and the brand protection service fee paid to stop the infringement, totaling 252334 yuan.

The court held that

In this case, the defendant's production of counterfeit Haifei silk series products was found to constitute the crime of counterfeiting registered trademarks by criminal judgment. After comparison, the front of haifeisi shampoo and empty bottle produced by the defendant has the logo of "" and the back has the logo of "haifeisi". The above logo has the same composition as the registered trademarks of ". PNG" No. 1580242, " No. 990476 and " PNG" No. 1544325, The defendant's behavior belongs to the infringement of the exclusive right to use a registered trademark, and shall bear the tort liability of compensation for losses and reasonable expenses.

Referee result

The first instance judgment of Baiyun Court: the defendant Shen Moumou compensated the plaintiff P & G for the economic loss of 84334 yuan and the reasonable cost of brand rights protection of 80000 yuan, and rejected other litigation claims of the plaintiff P & G.

After the judgment, both the plaintiff and the defendant served the judgment and interest litigation, and now the judgment of first instance has taken legal effect.

Judge's statement

In addition to damaging the interests of trademark owners, trademark infringement will also confuse consumers with the source of goods or services and damage the social and public interests. Therefore, counterfeiting trademarks may bear both civil and criminal liability.

The facts confirmed by the criminal judgment of the defendant in this case are exempt from proof in civil cases. Unless the parties have evidence to the contrary to overturn it, they cannot be excluded from bearing civil liability for the parts not identified or attempted to be identified in the criminal judgment. The part not identified in the criminal law or the part identified as attempted can only indicate that the evaluated act does not have the criminal elements stipulated by the law, but it does not mean that the act does not constitute infringement.

The value of infringing products calculated from the types and quantity of infringing products confirmed in the criminal judgment can be used as a reference factor for the calculation of compensation in civil cases.

In this case, in the absence of evidence to prove the actual losses suffered by the obligee of this case due to infringement or the benefits obtained by the infringer due to infringement, the court supported the amount of economic loss compensation claimed by the plaintiff as a reference, taking into account the duration of the infringement, the degree of subjective malice of the infringer and the value of 84334 yuan of infringing products seized at the scene of the public security organ.

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