Is Red Bull also divided into Chinese and Thai varieties? Don't be fooled by counterfeit trademarks!
Compiled from: Legal Daily
Red Bull is known to everyone as a functional beverage. When you are tired and sleepy and want a can, your 'sharp eyes' suddenly notice that 'Red Bull' has actually become 'Red Bull Thai Red Bull'!
On April 24, the Intermediate People's Court of Taizhou City, Zhejiang Province, pronounced a verdict in a case of counterfeiting a registered trademark, sentencing the defendant Ah Zhi (alias) to 4 years in prison, imposing a fine of 500,000 yuan, and confiscating illegal gains of 200,000 yuan.
Case review
Ah Zhi, who is engaged in the beverage industry, applied to the National Trademark Office for the registration of the trademark 'Red Bull Thai Red Bull' in the early years to ride on the brand popularity of 'Red Bull'. Of course, 'Red Bull Thai Red Bull' was not successfully registered. Ah Zhi did not give up. Despite knowing that 'Red Bull Thai Red Bull' was highly similar to the 'Red Bull' series registered trademarks, he still commissioned manufacturers to produce 'Red Bull Thai Red Bull'. Even after receiving administrative penalties from the market supervision authorities, Ah Zhi did not 'turn over a new leaf' and produced and sold a total of approximately 37,600 cases of 'Red Bull Thai Red Bull' beverages, with sales revenue of RMB 1.805 million and profits of about RMB 200,000. In 2022, Ah Zhi was caught and apprehended.
The court held that Ah Zhi, without the permission of the registered trademark owner, used a trademark identical to the registered trademark on the same type of goods, with illegal business revenue exceeding 1.8 million yuan, in particularly serious circumstances. His actions constituted the crime of counterfeiting a registered trademark. After Ah Zhi was taken into custody, he truthfully confessed to his crimes and could be granted a lighter punishment according to law; voluntarily pleading guilty could also lead to leniency according to law. Therefore, the Tiantai Court made the above judgment. Ah Zhi filed an appeal within the statutory period, and the Taizhou Intermediate Court tried the case according to law and announced the ruling in court: the appeal was rejected, and the original judgment was upheld.
"Criminal Law of the People's Republic of China"
Article 213 [Crime of Counterfeiting Registered Trademarks]
Without the permission of the registered trademark owner, using a trademark identical to their registered trademark on the same goods or services, if the circumstances are serious, shall be punished with imprisonment of up to three years, and a fine, or with a fine alone; if the circumstances are particularly serious, shall be punished with imprisonment of more than three years but not exceeding ten years, and a fine.
[1] The author's perspective
After the defendant in this case was administratively punished for intellectual property infringement by producing "Red Bull Thai Red Bull" beverages in his company, he continued to produce and sell them, ignoring national laws, and was ultimately fined 500,000 yuan, showing that having a fluke mentality is inadvisable.
As consumers, we should carefully check information such as product trademarks, place of origin, and quality certifications when shopping, stay alert, choose carefully, and not give criminals any opportunity.
