3 years prison
for infringement
of a trademark.
3 years prison
for infringement
of a trademark.
of
It is probably common knowledge that trademark infringement entails civil law claims such as injunctive relief, information and damages. However, there can also be considerable criminal consequences such as fines or imprisonment, as shown by a case involving the unauthorized import of branded products.
What is it all about?
A trader in wristwatches imported a total of 29,032 wristwatches into the European Union and the Federal Republic of Germany, spread over 33 shipments. There was no contractual relationship between the trader and the trademark owners and the goods were imported into the EU/EEA without the consent of the trademark owner. The goods originated from China. It could not be determined whether the watches were original goods or not. However, it was clear to the retailer that the goods were not imported into the EU/EEA with the consent of the trademark owner.
Court sentences trader to over 3 years in prison
The LG Bonn (Judgment of 07.03.2016 – Ref. 27 KLs – 430 Js 794/15 – 4/15 ) sentenced the trader to a total term of imprisonment of 3 years and 3 months for commercial infringement of a Community trademark in several cases.
The retailer had imported goods bearing the trademarks of third parties despite the prohibition and without the consent of the trademark rights holders. The prohibition already resulted from the statutory provisions of the Community trademark.
Even if one assumes in favor of the defendant that the trademarks were still affixed to the watches with the consent of the trademark owners, there was no consent to import into the EU/EEA.
The trader also acted intentionally by at least accepting the infringement of the Community trade mark. The trader also acted commercially. Commercial activity exists if the perpetrator wishes to obtain a source of income of some duration and scope that is not merely temporary by repeatedly committing the offense.
Conclusion
The ruling shows that trademark infringements can have considerable consequences under criminal law in addition to civil law. Simply importing original goods from outside the EU/EEA without the consent of the trademark owner can be a criminal offense that can result in a fine or imprisonment.
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