The Battle Against Infringement of Tupperware’s Trademark

CHANG TSI
Insights

February01
2018

As one of the most famous brands for household products, Tupperware now provides a wide variety of consumer products in China and worldwide. The increase in popularity of Tupperware’s products in China has created an increase in the volume of counterfeits of the company’s products, which have begun to enter the market through different channels. In order to protect the company, its franchisees, and the rights and interest of consumers, Tupperware has been working with Chang Tsi & Partners to combat the high volume of trademark infringement.
In 2016, Hefei PSB conducted a criminal raid action against two defendants. During the criminal raid action, several thousand pieces of counterfeit Tupperware products were seized. The two defendants sold counterfeit Tupperware products through a Taobao.com store and the sales amount of counterfeit Tupperware products was in excess of RMB1 million.  In 2017, Hefei Intermediate People’s Court issued a final judgment against the two defendants, for the crime of selling goods bearing a registered trademark. The two defendants were sentenced to five years in prison and fined CNY 900,000 (approx. USD 135,000). From the very beginning, Chang Tsi & Partners provided close assistance in the investigation of the suspects, and developed an enforcement strategy, reported to the PSB, collected evidence, communicated and followed up with the PSB and Procuratorate, etc.
In 2018, the abovementioned case was selected by The Supreme People’s Procuratorate of PRC as one of ten classic cases regarding protection of intellectual property rights in 2017. As a warning to infringers, thed unauthorized use of intellectual property rights can and will result in severe criminal penalties and civil liabilities. Chang Tsi lawyers, who have ample experience in both criminal and civil cases regarding intellectual property enforcement cases, will continue to provide legal advice and assistance to protect clients’ intellectual property rights。 

 

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