Liu Shen represented a globally renowned metal products enterprise in conducting thorough investigations into a domestic counterfeit trademark manufacturing den and advancing criminal prosecution against the offenders. Recently, a District People's Court in Nanjing handed down a first instance criminal judgment finding the defendant guilty of the crime of counterfeiting registered trademarks. The defendant was sentenced to one year and six months of fixed term imprisonment together with a fine. As no appeal was filed, the judgment has now taken legal effect.
The right holder is a world leading metal products enterprise whose registered trademarks enjoy high renown and market influence both domestically and internationally, making it a frequent target of domestic counterfeiting activities. The counterfeiting ring had long operated covertly. Prior attempts by the right holder to enforce its rights, including issuing cease and desist letters and requesting administrative enforcement actions, had yielded no substantial results.
Upon retention, the Liu Shen team devised a thorough and meticulous investigation strategy. Working alongside a professional investigation firm to conduct on site surveillance and analyze case leads, the team accurately pinpointed the counterfeiter’s production and warehousing premises, on the basis of which a formal criminal report was successfully filed. Public security authorities arrested multiple suspects on site and seized large quantities of counterfeit goods involving a substantial case value.
Throughout the criminal investigation and litigation phases, the Liu Shen team also represented the right holder in victim offender settlement negotiations with the defendant. While fully safeguarding the client’s economic interests, the team facilitated a settlement agreement between the parties. After receiving satisfactory compensation payments, the right holder issued a formal letter of forgiveness in accordance with the law.
This matter was led throughout by Liu Shen Partner ZHENG Peng. Drawing on solid professional expertise and extensive enforcement experience, Mr. ZHENG effectively upheld the client's trademark rights and delivered a strong deterrent effect against trademark counterfeiting conduct, earning high level recognition from the client.
