Counterfeit Brand Condiment Packaging

Counterfeit Brand Condiment Packaging

Knowing that the other party is making counterfeit brand seasonings, but still helping to produce product packaging bulk chocolate boxes cartons is not only a serious violation of the law, but also a violation of the health rights of consumers. On July 5, the Changsha County Procuratorate filed a criminal incidental civil public interest lawsuit against a case of illegally manufacturing and selling an illegally manufactured registered trademark logo infringement case, and the county court held a hearing on the case.

In December 2019, defendant Jiang Moumou, together with Wu Moumou and Xia Moumou (handled in another case), jointly established and operated a Changsha Packaging Co., Ltd., whose business scope covers packaging materials, food plastic packaging containers and tools, and packing boxes cheap boxed chocolates, etc.

From April 2021 to September 2022, the defendant Changsha Packaging Co., Ltd., in order to seek illegal benefits, rented a private house in Huanghua Town without obtaining the authorization of the owner of the well-known condiment trademark chocolate box flavors, and organized the company’s workers to illegally manufacture and sell more than 20,000 packaging chocolate boxes for sale cartons with the logo of the illegally manufactured chocolate christmas gift boxes registered trademark, with a sales amount of nearly 100,000 yuan.

In October 2022, the public security organs arrested the defendant Jiang Moumou in a factory building in Changsha County. In April 2023, the county procuratorate organized a public hearing on whether to file a criminal incidental civil public interest litigation christmas gift chocolate boxes in this case. Representatives of the National People’s Congress, members of the Chinese People’s Political Consultative Conference, relevant persons in charge of the Municipal Trademark Association and the County Intellectual Property Service Center, and volunteers of “Benevolence for the Public” all believed that the defendant’s illegal behavior violated the public interest chocolate monthly box and supported the procuratorate in filing a public interest litigation.

At the same time, the County Procuratorate also designed the “Changsha County Procuratorate’s Public Welfare Survey Questionnaire on Consumers’ Purchase of MSG, Essence of Chicken and Other Condiments” on the WeChat “Questionnaire Star” platform, and randomly solicited public opinions through WeChat. The survey results showed that about 80% of respondents used MSG and Essence of Chicken at home; more than 90% of the respondents expressed concern about brands, and buying MSG and Essence of Chicken through brands coffee and chocolate gift box is an important way for consumers to obtain better quality assurance. Violated.

At the scene of the trial, the procuratorate believed that the defendant unit Changsha Packaging Co., Ltd. did not obtain the permission of the trademark owner fancy box of chocolates, and the defendant Jiang Moumou, as the directly responsible person in charge of the company, forged and unauthorizedly manufactured the registered trademark logo of others and sold it. At the same time, according to the relevant provisions of the “Civil Code”, the defendant needs to make an apology in the provincial (or above) media, and destroy the infringing cartons and molds seized by the branch directly under the Changsha Public Security Bureau, and bear the destruction costs