Defendant Yao wrote an apology letter on the spot
The procuratorial organs convene case discussions
"I promise never to infringe on the 'West Lake Longjing' trademark again in the future..." Recently, defendant Yao wrote an apology letter on the spot and submitted it to the West Lake Longjing Tea Management Association in Hangzhou, Zhejiang Province, promising to immediately stop the infringement, compensate for the infringement losses, and publish a statement on the association's official website and media to eliminate the impact. At this point, in this case, which was supported by the Hangzhou Linping District Procuratorate, the defendant Yao X infringed the exclusive right to use the "West Lake Longjing" geographical indication certification trademark, Yao reached a mediation agreement with the Hangzhou West Lake Longjing Tea Management Association, and all the demands of the association were confirmed.
"West Lake Longjing" is a geographical indication certification trademark registered by the former State Administration for Industry and Commerce to prove the origin and specific quality of "West Lake Longjing" products. In 2011, "West Lake Longjing" was awarded "China's Most Influential International Brand", and in 2012, it was recognized as "China's Well-known Trademark" by the Trademark Office of the former State Administration for Industry and Commerce. The origin of goods that use the "West Lake Longjing" geographical indication to prove the trademark is strictly limited, and the specific natural geographical environment of the region determines the unique shape and specific taste of West Lake Longjing tea.
Between 2018 and April 2021, without the permission of the trademark owner Hangzhou West Lake Longjing Tea Management Association, Yao used the title, pictures and text descriptions with the words "West Lake Longjing" in the online store without authorization, and purchased the "West Lake Longjing" tea outer packaging bags and tea cans from others, and packaged and sold his own tea leaves and a small amount of tea purchased from Zhongtai Street, Yuhang District, Hangzhou City, in the name of "West Lake Longjing" tea, with a sales amount of more than RMB 600,000.
On August 13, 2021, Yao was transferred by the public security organs for examination and prosecution for the crime of counterfeiting a registered trademark.
Yao's behavior is not only suspected of committing a crime, but also seriously infringing on the social public interest. Geographical indications have brand influence and added value of products, and are a public resource. The geographical indication of "West Lake Longjing" not only contains the rights and interests of trademark registrants, but also covers the legitimate rights and interests of local producers and operators in the same industry and an unspecified majority of consumers. In practice, the Hangzhou West Lake Longjing Tea Management Association has been committed to protecting the "West Lake Longjing" geographical indication, but similar infringements have occurred repeatedly. Therefore, while cracking down on criminal offenses, the Linping District Procuratorate simultaneously launched the public welfare protection of the "West Lake Longjing" geographical indication.
The court set up a special case team headed by Chief Procurator Gao Xiang, and communicated with the Hangzhou West Lake Longjing Tea Management Association many times to understand the management and protection of West Lake Longjing Tea; visited the agricultural and rural bureaus at the municipal and district levels to listen to the policies, measures and difficulties of the West Lake Longjing Tea Protection; and strengthened docking and communication with the public security organs, sorted out the facts and evidence of infringement, and clarified the upstream and downstream industrial chains. On September 28, 2021, the court held a public hearing to fully demonstrate the public welfare protection of the "West Lake Longjing" geographical indication certification trademark.
After that, the special case team carried out case discussions many times, compared and analyzed with cases of the same type, and clarified the direction and path of handling based on the specific circumstances of the case.
On November 19, 2021, the Linping District Procuratorate filed a public prosecution against defendant Yao Mou for counterfeiting a registered trademark in accordance with law.
At the end of November of the same year, the Hangzhou West Lake Longjing Tea Management Association submitted a complaint to the Yuhang District Court. With the consent of the association and the application of the association, the Linping District Procuratorate submitted a supporting opinion and relevant evidentiary materials to the Yuhang District Court to support the association's litigation claims. In the process of mediation in this case, Yao confessed his mistake to the association in person; under the auspices of the judge, the original defendant reached a mediation agreement.
It is also reported that the court involved in Yao's criminal case has held a trial and will announce the verdict at a later date. (Fan Yuehong, Yu Jingbing)
Source: Procuratorial Daily