Knockoff seller’s appeal shot down
Print Edition
AN appeal from a woman found guilty of selling counterfeit Burberry products online was rejected by the Shanghai Intellectual Property Rights Court, the court ruled yesterday.
The woman, surnamed Lu, had been sentenced to two and a half years in jail in August 2012, after being found guilty in a criminal case against her and an accomplice surnamed Chen in connection with the sale of knockoff products.
The duo were later ordered by the Yangpu District People’s Court to pay Burberry 165,000 yuan (US$26,582) after the British luxury company filed a civil trade infringement lawsuit in August 2014.
Lu called for the district court’s fine to be revoked based on claims that the statute of limitations had expired by the time Burberry initiated civil proceedings.
According to the court, Lu and Chen began selling knockoff Burberry items online in October, 2009. The duo attracted the attention of police in March, 2012, who ordered the pair to cease their illegal activities. Burberry was said to have been also notified of the matter at that time.
According to the court, Chen and Lu obtained more than 1.9 million yuan through the sale of counterfeit Burberry goods.
Lu argued that, under Chinese law, Burberry’s claims for compensation should have expired two years after learning of the matter. The court countered by saying that the company was within its rights to collect compensation within two years of the criminal ruling.
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