Kangrui successfully protect TOREAD’s IP rights through criminal procedure
Toread Holdings Group Co.,Ltd.’s (hereinafter referred to as “Toread Group”) main business including the brand of TOREAD, TOREAD kids, Discovery Expedition and an online outdoor sports website www.lvye.cn. Toread Group's products are positioned as "professional, technological and fashion", striving to create high-quality products, and owns several trademarks in China, including "探路者" and "TOREAD" in Class 25. Due to the serious situation that more and more infringing products with Toread Group’s registered trademarks appear in the market in China, they decide to entrust Beijing Kangrui Law Firm to take legal actions to protect their IP rights.
On July 31, 2020, after a secret and thorough investigation, Kangrui’s investigators confirmed the target’s location where all the infringing products were stored, and cooperated with Changshu Public Security Bureau and Changshu Administration for Market Regulation to carry out a joint raid action on the warehouse of a textile factory in Changshu City. During this raid, a large number of unsold infringing products with marks of "探路者", "TOREAD ", "adIdas", "NIKE" and other famous brand were found on site. The enforcement officers seized all the infringing products and collected their sales information, and then summoned the main suspects. According to preliminary price assessment, the value of these infringing products is more than 2 million yuan.
According to Criminal Law of The People’s Republic of China, Article 213, “Whoever, without permission from the owner of a registered trademark, uses a trademark which is identical with the registered trademark on the same kind of commodities shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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 seven years and shall also be fined”, the suspects’ behavior has violated the law and is suspected to constitute Crime of Counterfeiting Registered Trademarks. Now we are waiting for the court’s final decision.