两名经营者注册英国、新加坡离岸空壳企业,抢注海外知名护肤品商标,国内工厂代工劣质仿品,货物流转海外包装后,以进口海外品牌名义入驻抖音小店、拼多多跨境板块高价售卖。
法院审理认定,销售行为面向国内消费者,交易平台、收货地址均在中国境内,适用中国《商标法》,境外单独注册同名商标不能豁免假冒注册商标罪责。两名被告人分别判处有期徒刑,追缴全部违法所得,涉案跨境店铺永久关停。
Two operators registered shell companies in the UK and Singapore to preemptively register trademarks for well-known overseas skincare products. They then manufactured inferior counterfeit products in domestic factories, repackaged the goods overseas, and sold them at inflated prices on Douyin (TikTok) and Pinduoduo's cross-border e-commerce platforms under the guise of imported overseas brands.
The court ruled that since the sales were targeted at domestic consumers, and the transaction platforms and delivery addresses were all located in China, Chinese trademark law applied. Registering a trademark with the same name overseas alone does not exempt one from the crime of trademark counterfeiting. The two defendants were sentenced to imprisonment, all illegal gains were confiscated, and the cross-border shops involved were permanently shut down.